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CA TB 117/SB1019
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TB117-2013/SB1019
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California Legislature passed Bill SB
1019 that requires labeling of upholstered furniture for presence or absence of
flame retardants. Bill is awaiting Governor Brown's signature. If signed, the
requirements of this bill will become effective January 1, 2015, which is also
the effective date for compliance to California Technical Bulletin (TB)
117-2013.
Following are highlights of SB 1019.
Scope – Foam and upholstered furniture
within scope of California Technical Bulletin 117 Standard.
Requirements:
- Require label, shown below, for presence or absence
of 'added flame retardant chemicals' on the label required by TB 117-2013
for upholstered furniture.
“The upholstery materials in this product:
____contain added flame retardant chemicals
_____contain NO added flame retardant chemicals
The absence or presence of added flame retardant chemicals shall be
indicated by placing an “X” in one of the appropriate blanks.
- Font and format requirements will be same as that
required for TB 117-2013 label (Section 1374.3 of Title 4 of the
California Code of Regulations)
- Manufacturer shall retain documentation to show
whether flame retardant chemicals were added.
- A written statement by the supplier of each
component covered by TB 117-2013 attesting either that flame retardant
chemicals were added or not added shall be sufficient documentation.
Other Provisions:
- Manufacturer shall provide to the Bureau of Electronic
and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI),
within 30 days of the request, documentation establishing the accuracy of
the flame retardant chemical statement on the label.
- BEARHFTI to provide samples to DTSC from covered
products marked “contain NO added flame retardant chemicals” for testing
for the presence of added flame retardant chemicals.
- No later than August 1 of each fiscal year, BEARHFTI
shall assess available resources and determine the number of tests to be
conducted in the corresponding fiscal year.
- BEARHFTI shall make information about any citation
issued available to the public on its web site.
Penalty:
- Not less than $2,500 and not more than $15,000 for
the failure of the manufacturer of the covered product to maintain the
required documentation or to provide the documentation upon request.
- Fine from $1,000 up to $10,000 for mislabeling based
on frequency of violation.
Relevant Definitions:
- “Added flame retardant chemicals” means flame
retardant chemicals that are present in any covered product or component
thereof at levels above 1,000 parts per million.
- “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.
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