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«State of California Department of Consumer Affairs Senate Bill (SB) 1019 Upholstered Furniture; Flame Retardant Chemicals FREQUENTLY ASKED QUESTIONS ...»

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State of California

Department of Consumer Affairs

Senate Bill (SB) 1019

Upholstered Furniture; Flame Retardant Chemicals

FREQUENTLY ASKED QUESTIONS

(FAQs)

November 2014

TABLE OF CONTENTS

TOPIC PAGE NO.

Adoption and Implementation

General Compliance

SB 1019 in Other States

Documentation Requirements

Labeling

Exempt Products

Flame Retardant Chemicals / Proposition 65

SB 1019 FAQs November 2014 Adoption and Implementation

1. Q: When will the SB 1019 label requirement be implemented?

A: SB 1019 enacts Business and Professions (B&P) Code section 19094 which becomes effective on January 1, 2015. The Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) expects to implement the law on this date.

In addition, BEARHFTI is currently beginning discussions with the Department of Toxic Substances Control to prepare a memorandum of understanding (MOU) to test samples of products that are marked “contain NO added flame retardant chemicals.” BEARHFTI anticipates that the MOU and process will be in place by the fall of 2015.

General Compliance

2. Q: Does the “flame retardant chemical statement” apply to outdoor upholstered furniture?

A: B&P Code section 19094 specifically applies to “covered products” which means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013 (TB117-2013), entitled Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture. Currently, upholstered furniture intended or expected to be used exclusively for outdoors is not required to meet TB117-2013.

3. Q: Does the “flame retardant chemical statement” apply to mattresses or mattress pads?

A: B&P Code section 19094 specifically applies to “covered products” which means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013 (TB117-2013), entitled Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture. Mattresses and mattress sets are not required to meet the TB117-2013 flammability requirement. However, a foam topper (mattress pad) without a cover and comprised of polyurethane foam must meet the TB117-2013 Section 3 and must contain a compliant TB117-2013 flammability label that will include the “flame retardant chemical statement”.

4. Q: Will the “flame retardant chemical statement” be applicable to the products that are already labeled as compliant with TB117-2013?

A: B&P Code section 19094 will not be retroactive and the existing furniture (furniture manufactured before January 1, 2015) can be sold without the flame retardant chemical labeling.

5. Q: What materials in the upholstered furniture must contain no prescribed flame retardants in order to indicate “Contains NO added flame retardant chemicals”?

–  –  –

6. Q: Will the “flame retardant chemical statement” be applicable in any other states?

A: The Bureau has no jurisdictional authority in other states and to date we are not aware of adoption of this statement elsewhere. You may contact the appropriate authorities in other states to find out their requirements, if any.

–  –  –

7. Q: What type of documentation must the manufacturer/supplier provide upon request by the Bureau?

A: The law requires the manufacturer of the covered product to retain sufficient documentation to show whether flame retardant chemicals were added to the products and/or components. In this case, sufficient means: written statements and/or test results of each component attesting flame retardant chemicals were added or not added.

8. Q: If the Bureau requests documentation establishing the accuracy of flame retardant chemical labeling, within how many days must the manufacturer/supplier provide this information?

A: The manufacturer/supplier shall provide to the Bureau, within 30 days of the request, documentation establishing the accuracy of the flame retardant chemical statement on the label.

9. Q: If violations or citations are issued by the Bureau, will this be public information?

A: The violations/citations will be posted on the BEARHFTI web site at www.bearhfti.ca.gov.

10. Q: Who is liable for violations of the documentation requirement?

A: Both the manufacturer and component suppliers for the upholstered furniture products are jointly and severally liable for documentation.

–  –  –

11. Q: According to B&P Code section 19094, should the “flame retardant chemical statement” be added to the TB117-2013/TB116/TB133 label?

SB 1019 FAQs 2 November 2014 A: B&P Code section 19094 specifically applies to “covered products” which means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture. Therefore, the “flame retardant chemical statement” will be added to the TB117-2013, TB116/TB117-2013 compliant flammability labels. The compliant TB133 flammability label does not require the “flame retardant chemical statement” because upholstered furniture for use in public occupancies does not fall under the definition of “covered product” in B&P Code section 19094.





12. Q: Does the Type No. 8 law label (intended for bulk materials used or which can be used in articles of upholstered furniture) as shown in the examples in Article 2, 1126(f), 1126(d)(11) and invoices 1126(d)(12) need to include the “flame retardant chemical statement”?

A: SB 1019 does not address law labels or required invoice information found in Article 2, 1126, therefore the SB 1019 “flame retardant chemical statement” is not required on Type No. 8 law label or invoices.

13. Q: What is the font size required for the “flame retardant chemical statement”? Do the letters have to be in capital letters?

A: The font size must be a minimum height of 1/8 inch; however, the statement need not be in all capital letters. The 1/8 inch height will be measured from the lowest measuring lower case letter.

14. Q: What is the label size requirement for the “flame retardant chemical statement”?

A: The “flame retardant chemical statement” shall follow the TB117-2013 flammability label verbiage. The minimum label size requirement for the flammability labels is 2 x 3 inches.

Therefore, you may technically add this statement to the bottom of the flammability label and if you are able to meet the font size and capital letter (for flammability label portion) requirements it may be included in the 2 x 3 inches. The flammability label must be a minimum size of 2 x 3 inches, minimum size of type shall be 1/8 inch in height and type shall be in capital letters.

15. Q: Can the B&P Code section 19094 label be on a separate label?

A: No, this statement shall follow the compliant flammability label verbiage.

16. Q: Must the “flame retardant chemical statement” directly follow the compliant flammability verbiage?

A: The “flame retardant chemical statement” must follow the compliant flammability label verbiage. It may be separated by a black line, located below or to the right of the compliant flammability label. It must be printed on the same label as the compliant flammability label.

–  –  –

18. Q: Shall the “flame retardant chemical statement” be located to the left / right / top / bottom of the flammability label?

A: The “flame retardant chemical statement” may be located to the right or at the bottom of the compliant flammability label; either way, it may be separated by a black line. The statement must not be located to the left or top of the compliant flammability label.

19. Q: What is the specific wording required for the B&P Code section 19094 label?

A: The specific wording of the law is as follows:

“The upholstery materials in this product:

_____contain added flame retardant chemicals _____contain NO added flame retardant chemicals The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame retardant chemicals.

The state has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development.”

20. Q: Does the “flame retardant chemical statement” require both the “contain” and “does not contain” statements or may we print only the statement that applies?

A: Both statements must appear with an “X” indicated to the left of the statement that applies to the product.

21. Q: Is it acceptable to use a box instead of a line in front of the flame retardant chemical statement that applies?

A: You may use either a box or line, as long as both statements appear and an “X” is indicated next to the statement that applies to the product.

22. Q: Can the B&P Code section 19094 label be stickered on below the compliant flammability statement until new labels are made?

A: Yes, if it is permanently adhered and all other legal labeling requirements are met.

23. Q: Do you have examples of the new label requirements?

A: Examples are provided below. Please keep in mind that these are only examples included to assist you. As discussed in FAQ #16 and #18, the formats of the labels may differ so long as they comply with applicable laws and regulations.

–  –  –

24. Q: Does the “flame retardant chemical statement” apply to upholstered furniture exempt from the TB117-2013?

A: B&P Code section 19094 does not apply to exempt upholstered furniture. B&P Code section 19094 specifically applies to “covered products” which means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.

–  –  –

25. Q: Can I manufacture products without flame retardants now that TB117-2013 standard has been adopted?

A: The Bureau’s flammability standards are performance standards and do not prescribe or prohibit the use of any specific materials or manufacturing methods to meet the flammability standards. It is the responsibility of the manufacturer (and all other related parties; supplier, retailer, etc.) to comply with the TB117-2013 flammability requirement. B&P Code section 19094 requires a statement specifying whether the product contains or does not contain flame retardant chemicals. It is at the manufacturer’s discretion to decide whether his/her products will/or will not contain flame retardant chemicals and label them accurately.

26. Q: Do I have to label my product as containing FR chemicals or treatments?

A: SB 1019 was signed by the Governor and chaptered on September 30, 2014, making it law. Therefore, labels attached to upholstered furniture sold in the state of California must contain true statements, in accordance with B&P Code section 19094, regarding the flame retardant chemicals in products.

27. Q: If my product is labeled “contain added flame retardant chemicals,” do I also need a Proposition 65 label attached to my product?

A: There may be labeling and/or notice requirements under CA Proposition 65. For questions and issues related to specific detection levels in flame retardant chemicals and hazardous materials labeling, contact the California Environmental Protection Agency (Cal EPA) and/or Office of Environmental Health Hazard Assessment (OEHHA), the State agencies responsible for overseeing provisions of Proposition 65. You may visit the following

links for additional Proposition 65 information:

Proposition 65 Web-site:

http://oehha.ca.gov/prop65/background/p65plain.html

Link to Proposition 65 List of Chemicals:

http://oehha.ca.gov/prop65/prop65_list/files/P65single060614.pdf

Questions about Proposition 65:

http://www.oehha.ca.gov/prop65.html

28. Q: May I combine my Proposition 65 label with the Law Label, Flammability Label, and/or the B&P Code section 19094 flame retardant chemical statement?

A: The Proposition 65 label must be a separate label.

–  –  –

A: The law specifies the following:

(3) “Flame retardant chemical” means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame retardant chemicals include, but are not limited to, halogenated, phosphorous-based, nitrogen-based, and nanoscale flame retardants, flame retardant chemicals listed as “designated chemicals” pursuant to Section 105440 of the Health and Safety Code, and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet (SDS) pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations.

(4) “Chemical” means either of the following:

(A) An organic or inorganic substance of a particular molecular identity, including any combination of those substances occurring, in whole or in part, as a result of a chemical reaction or occurring in nature, and any element, ion, or uncombined radical, and any degradate, metabolite, or reaction product of a substance with a particular molecular identity.

(B) A chemical ingredient, which means a substance comprising one or more substances described in subparagraph (A).



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