Kowalko HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
2Minor-Brown TO& HOUSERep. BILL NO.
77Dorsey AMENDWalker House& BillSen. No.
77Ennis on& lineSen. 3 by deleting “PROHIBITION ON HARMFUL FLAME RETARDANTS.” and inserting in lieu thereof “Chemical Flame Retardant Restrictions.”.
FURTHERLawson AMENDReps. House Bill No.
77Baumbach, byBrady, deletingLambert, linesLynn, 6Mitchell, andK. 7 in their entirety and redesignating accordingly.
FURTHERWilliams AMENDHOUSE HouseOF BillREPRESENTATIVES No.151st GENERAL ASSEMBLY HOUSE BILL NO.
77 onAN lineACT 10TO byAMEND deletingTITLE “playard,”6 andOF insertingTHE inDELAWARE lieuCODE thereofRELATING “playTO yard,”.THE PROHIBITION OF HARMFUL FLAME RETARDANTS.
FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
77Section on1. lines 11 and 12 by deleting ““Children’s product” does not mean an electronic enclosure inside a product or a consumer electronic product.”.
FURTHERAmend AMENDSubtitle HouseII, BillTitle No.6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
77CHAPTER on25G. lines 40 and 41 by deleting ““Upholstered furniture” does not mean an electronic enclosure inside residential furniture.”.
FURTHERPROHIBITION AMENDON HouseHARMFUL BillFLAME No.RETARDANTS.
77§ by2501G. deleting lines 50 through 54 in their entirety and inserting in lieu thereof the following:
“ADefinitions. 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.”.
FURTHERFor AMENDpurposes Houseof Billthis No.chapter:
77(1) by“Electronic deletingenclosure” linemeans 56the inplastic itshousing entiretythat andencloses insertingelectronic incomponents lieuand thereofincludes the following:electronic components.
“(a)(2) Sections“Children’s 2502Gproduct” andmeans 2503Gproduct ofdesigned thisfor titleresidential douse notby applyinfants toand anychildren ofunder the12 following:”.years old.
FURTHER“Children’s AMENDproduct” Houseincludes Billa No.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“Children’s betweenproduct” linesdoes 64not andmean 65an byelectronic insertingenclosure theinside followinga andproduct redesignatingor accordingly:a consumer electronic product.
“(6)(3) Components“Flame-retardant ofchemical” anmeans adultany mattressof otherthe thanfollowing: foam.
(7)a. Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components.”.
FURTHER2-ethylhexyl-2,3,4,5-tetrabromobenzoate AMEND(TBB), Housechemical Billabstracts No.service number 183658-27-7.
77b. on line 65 by deleting “commodity” and inserting in lieu thereof “product”.
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.
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77Tris(1-chloro-2-propyl)phosphate by(TCPP), deletingchemical linesabstracts 69service throughnumber 7213674-84-5. in their entirety and inserting in lieu thereof the following:
“(b)(4) This“Manufacture” chaptermeans doesmaking nota applyproduct. to mattresses or upholstered furniture that can be sold or distributed in commerce in California.”.
FURTHERIf AMENDthe Houseperson Billwho No.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(5) on“Mattress” linemeans 76a byticking deletingfilled “Julywith 1,a 2021.”resilient andmaterial insertingused alone or in lieucombination thereofwith “Julyother 1,products 2023.”.intended or promoted for sleeping upon.
SYNOPSIS“Mattress” Thisincludes Amendmentadult doesmattresses, allyouth ofmattresses, crib mattresses including portable crib mattresses, bunk bed mattresses, futons, water beds and air mattresses which contain upholstery material between the following: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:
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(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:
MakesThe thissale Actof consistentused withproducts. California law by clarifying that for adult mattresses, the restrictions on the flame retardant chemicals and organohalogens only apply to foam.
ExemptsFurniture usedpurchased mattresses.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.
ProvidesChildren’s aproducts blanket exception that allowsare mattressesnot orprimarily upholsteredintended furniturefor thatuse can be sold in Californiathe tohome. be sold in Delaware.
ChangesProducts thebeing nametransferred ofto Chaptera 25Gvehicle andat correctsa spellingwarehouse andor terminology.distribution center for delivery in another state.
ChangesElectronic thecomponents. effective date to July 1, 2023.
This Act takes effect on July 1, 2021.
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