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U.S. – California AB-2998

U.S. – California passes AB-2998 prohibiting flame retardants in juvenile products, upholstered furniture and mattresses

Flame Retardants

December 21, 2019

As we get close to the new year, UL likes to remind the industry about the upcoming California regulation prohibiting flame retardant chemicals in juvenile products, upholstered furniture and mattresses, effective January 1, 2020.  

An excerpt from the regulation reads as follows:

"This bill, on and after January 1, 2020, would prohibit a person, including a manufacturer, from selling or distributing in commerce in this state new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals, as defined, at levels above 1,000 parts per million, …”

AB-2998 requires the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (BEARHFTI) to select samples from the regulated products and provide to the Department of Toxic Substance Control (DTSC) for testing of flame retardants for determining compliance with the act.

In addition, the regulation also requires the International Sleep Products Association (ISPA) to conduct a survey of mattress producers, including those that are registered with the BEARHFTI as of January 1, 2019, and submit a survey report to the BEARHFTI on or before January 31, 2020. ISPA is also required to submit new survey of mattress producers every 3 years thereafter. BEARHFTI will publish this report on their website.

The flame retardants prohibited by AB-2998 are:

  • A halogenated, organophosphorus, organonitrogen, or nanoscale flame retardant.
  • A flame-retardant chemical defined as a “designated chemical” in Section 105440 of the California Health and Safety Code.
  • A chemical listed on the Washington State Department of Ecology’s list of Chemicals of High Concern to Children in Section 173-334-130 of Title 173 of the Washington Administrative Code as of January 1, 2019, and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list.

The complete AB-2998 bill can be reviewed at: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2998.

If you have questions or would like to learn more how UL can support with regulatory expertise and chemical testing please send an email to: FurnitureNA@ul.com.