Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 4 D · 1 R cosponsors

HB 77 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS.

Last action — Signed by Governor

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    5 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. This Act takes effect on July 1, 2021.

Bill Text

What changed in the latest version

102 added · 47 removed

102 line(s) added, 47 removed.

→
Previous
Latest
Kowalko HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Kowalko & Rep.
2 TO HOUSE BILL NO.
Minor-Brown & Rep.
77 AMEND House Bill No.
Dorsey Walker & Sen.
77 on line 3 by deleting “PROHIBITION ON HARMFUL FLAME RETARDANTS.” and inserting in lieu thereof “Chemical Flame Retardant Restrictions.”.
Ennis & Sen.
FURTHER AMEND House Bill No.
Lawson Reps.
77 by deleting lines 6 and 7 in their entirety and redesignating accordingly.
Baumbach, Brady, Lambert, Lynn, Mitchell, K.
FURTHER AMEND House Bill No.
Williams HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
77 on line 10 by deleting “playard,” and inserting in lieu thereof “play yard,”.
77 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS.
FURTHER AMEND House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
77 on lines 11 and 12 by deleting ““Children’s product” does not mean an electronic enclosure inside a product or a consumer electronic product.”.
Section 1.
FURTHER AMEND House Bill No.
Amend Subtitle II, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
77 on lines 40 and 41 by deleting ““Upholstered furniture” does not mean an electronic enclosure inside residential furniture.”.
CHAPTER 25G.
FURTHER AMEND House Bill No.
PROHIBITION ON HARMFUL FLAME RETARDANTS.
77 by deleting lines 50 through 54 in their entirety and inserting in lieu thereof the following:
§ 2501G.
“A person may not manufacture, sell, offer to sell, or distribute a mattress that contains, or has a constituent component that contains, more than 0.1% of an organohalogen or more than 0.1% of a mixture that includes 1 or more organohalogens.”.
Definitions.
FURTHER AMEND House Bill No.
For purposes of this chapter:
77 by deleting line 56 in its entirety and inserting in lieu thereof the following:
(1) “Electronic enclosure” means the plastic housing that encloses electronic components and includes the electronic components.
“(a) Sections 2502G and 2503G of this title do not apply to any of the following:”.
(2) “Children’s product” means product designed for residential use by infants and children under 12 years old.
FURTHER AMEND House Bill No.
“Children’s product” includes a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, mattress, and children’s nap mat.
77 between lines 64 and 65 by inserting the following and redesignating accordingly:
“Children’s product” does not mean an electronic enclosure inside a product or a consumer electronic product.
“(6) Components of an adult mattress other than foam.
(3) “Flame-retardant chemical” means any of the following:
(7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components.”.
a.
FURTHER AMEND House Bill No.
2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB), chemical abstracts service number 183658-27-7.
77 on line 65 by deleting “commodity” and inserting in lieu thereof “product”.
b.
Antimony, chemical abstracts service number 7440-36-0.
c.
Bis(2-ethylhexyl) tetrabromophthalate (TBPH), chemical abstracts service number 26040-51-7.
d.
Chlorinated paraffins, chemical abstracts service number 85535-84-8.
e.
Decabromodiphenyl ether, chemical abstracts service number 1163-19-5.
f.
Hexabromocyclododecane (HBCD), chemical abstracts service number 25637-99-4.
g.
Tetrabromobisphenol A (TBBPA), chemical abstracts service number 79-94-7.
h.
Tris(1,3-dichloro-2-propyl)phosphate (TDCPP), chemical abstracts service number 13674-87-8.
i.
Tris(2-chloroethyl)phosphate (TCEP), chemical abstracts service number 115-96-8.
CM Page 1 of 2 Released:
CM Page 1 of 4 Released:
Show all 105 changed rows (65 more)
Previous
Latest
03/30/2022 03:58 PM FURTHER AMEND House Bill No.
01/19/2021 10:18 AM j.
77 by deleting lines 69 through 72 in their entirety and inserting in lieu thereof the following:
Tris(1-chloro-2-propyl)phosphate (TCPP), chemical abstracts service number 13674-84-5.
“(b) This chapter does not apply to mattresses or upholstered furniture that can be sold or distributed in commerce in California.”.
(4) “Manufacture” means making a product.
FURTHER AMEND House Bill No.
If the person who makes the product or whose brand name is affixed to the product does not do business in the United States, “manufacture” means assembling, importing, or distributing a product.
77 on line 76 by deleting “July 1, 2021.” and inserting in lieu thereof “July 1, 2023.”.
(5) “Mattress” means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon.
SYNOPSIS This Amendment does all of the following:
“Mattress” includes adult mattresses, youth mattresses, crib mattresses including portable crib mattresses, bunk bed mattresses, futons, water beds and air mattresses which contain upholstery material between the ticking and the mattress core, and any detachable mattresses used in any item of upholstered furniture such as convertible sofa bed mattresses, corner group mattresses, day bed mattresses, roll-a-way bed mattresses, high risers, and trundle bed mattresses as defined and not excluded under 16 C.F.R § 1632.1.
(6) “Organohalogen” means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.
(7) “Reupholstered furniture” means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer and has not been sold since the time of the replacement.
(8) “Upholstered furniture” means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.
“Upholstered furniture” does not mean an electronic enclosure inside residential furniture.
§ 2502G.
Flame retardant prohibitions.
A person may not manufacture, sell, offer to sell, or distribute any of the following products if the product contains or has a constituent component that contains more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture that includes 1 or more flame-retardant chemicals:
(1) Upholstered furniture, if the flame-retardant chemical is in the fabric, barrier or decking materials, covering, or cushioning materials.
(2) Children's products.
§ 2503G.
Organohalogen prohibitions.
A person may not manufacture, sell, offer to sell, or distribute any of the following products if the product contains or has a constituent component that contains more than 0.1% of an organohalogen or more than 0.1% of a mixture that includes 1 or more organohalogen:
LC :
DIG :
CM Page 2 of 4 Released:
01/19/2021 10:18 AM (1) Mattresses.
(2) Electronic enclosures.
§ 2504G.
Exemptions.
(a) Section 2502G of this title does not apply to any of the following products:
(1) Used upholstered furniture.
(2) Used mattresses.
(3) Upholstered and reupholstered furniture purchased for public use in public facilities.
(4) Thread or fiber when used for stitching mattress components together.
(5) Used children’s products or children’s products that are used in products or components as follows:
a.
Are not primarily intended for use in the home, such as for motor vehicles, watercraft, aircraft, or other vehicles.
b.
Are subject to 49 C.F.R.
Part 571 regarding parts and products used in vehicles and aircraft.
(6) A commodity transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following:
a.
A location under the same ownership as the warehouse or distribution center.
b.
A person acquiring the product for resale in another state.
(b) Section 2503G of this title does not apply to a commodity transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following:
(1) A location under the same ownership as the warehouse or distribution center.
(2) A person acquiring the product for resale in another state.
§ 2505G.
Enforcement.
A violation of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of Subchapter II of Chapter 25 of this title.
Section 2.
This Act takes effect on July 1, 2021.
SYNOPSIS This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals.
These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals.
This Act does not apply to any of the following:
Makes this Act consistent with California law by clarifying that for adult mattresses, the restrictions on the flame retardant chemicals and organohalogens only apply to foam.
The sale of used products.
Exempts used mattresses.
Furniture purchased for public use in public facilities 3.
3.
Thread or fiber used for stitching mattress components.
Clarifies the exemption for electronic components, making it applicable to the electronic components in children’s products, mattresses, and upholstered furniture, using language consistent with the law in California and New York.
Provides a blanket exception that allows mattresses or upholstered furniture that can be sold in California to be sold in Delaware.
Children’s products that are not primarily intended for use in the home.
Changes the name of Chapter 25G and corrects spelling and terminology.
Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state.
Changes the effective date to July 1, 2023.
Electronic components.
This Act takes effect on July 1, 2021.
CM Page 2 of 2 Released:
CM Page 3 of 4 Released:
03/30/2022 03:58 PM 5971510204
01/19/2021 10:18 AM LC :
DIG :
CM Page 4 of 4 Released:
01/19/2021 10:18 AM 5971510043
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

9 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This amendment updates the title, terminology, and regulations concerning chemical flame retardants in mattresses and upholstered furniture to better align with California law and clarifies certain exemptions.

  • PROHIBITION ON HARMFUL FLAME RETARDANTS. → Chemical Flame Retardant Restrictions.

    Changes the title to describe chemical flame retardant restrictions instead of a prohibition.

  • “Children’s product” does not mean an electronic enclosure inside a product or a consumer electronic product.

    Removes a definition that excluded electronic enclosures from being considered children's products.

  • “Upholstered furniture” does not mean an electronic enclosure inside residential furniture.

    Removes a definition that excluded electronic enclosures from being considered upholstered furniture.

  • lines 50 through 54 in their entirety → A person may not manufacture, sell, offer to sell, or distribute a mattress that contains, or has a constituent component that contains, more than 0.1% of an organohalogen or more than 0.1% of a mixture that includes 1 or more organohalogens.

    Establishes a limit on the permissible amount of organohalogen in mattresses.

  • July 1, 2021. → July 1, 2023.

    Changes the effective date from July 1, 2021, to July 1, 2023.

  • commodity → product

    Changes the term from 'commodity' to 'product' for better clarity.

  • lines 69 through 72 in their entirety → (b) This chapter does not apply to mattresses or upholstered furniture that can be sold or distributed in commerce in California.

    Exempts mattresses or upholstered furniture that can be sold in California from the restrictions.

  • lines 6 and 7 in their entirety

    Removes an unspecified section to redesignate later lines.

  • (6) Components of an adult mattress other than foam. (7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components.

    Adds new exemptions for components of adult mattresses and electronic components in children's products.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Environment & Energy) in Senate with 5 On Its Merits

  4. Assigned to Environment & Energy Committee in Senate

  5. Passed By House. Votes: 37 YES 4 NO

  6. Amendment HA 2 to HB 77 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 77 - Stricken in House

  8. Amendment HA 2 to HB 77 - Introduced and Placed With Bill

  9. Amendment HA 1 to HB 77 - Introduced and Placed With Bill

  10. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 4 Favorable, 2 On Its Merits, 1 Unfavorable

  11. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 6 co-sponsors · 51 not signed on · 4 voted No

Sponsors (5)

Co-sponsors (6)

Not signed on (51)

51 members have not signed on to this bill.

Show all 51 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 37 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12100
Democratic 16000
Republican 9300
Total 37400
% of votes cast 90%10%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 77 do?
This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. This Act takes effect on July 1, 2021.
Who sponsors HB 77?
HB 77 is sponsored by Dave G. Lawson (Republican), Melissa Minor-Brown (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Kimberly Williams (Democratic), John L. Mitchell, Gerald L. Brady, Paul S. Baumbach, Sherry Dorsey Walker, Bruce C. Ennis, and John A. Kowalko.
What is the current status of HB 77?
This bill has been enacted into law. Introduced January 19, 2021. Enacted.
Where can I track HB 77?
Track HB 77 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 77

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 77

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →