2016 chemical restriction bills - beveridge & chemical restriction bill · 2016 chemical...

Download 2016 Chemical Restriction Bills - Beveridge & Chemical Restriction Bill · 2016 Chemical Restriction

Post on 20-Aug-2018

214 views

Category:

Documents

0 download

Embed Size (px)

TRANSCRIPT

  • 2016 Chemical Restriction Bills

    Beveridge & Diamonds Chemicals, Products & Nanotechnology Practice Group provides strategic, business-focused advice to the global chemicals industry. We work with large and small chemical companies from industries including basic and specialty chemicals, pharmaceuticals, electr onics, crop protection, food contact materials and additives, and consumer products, and have substantial experience representing clients whose products and activities are subj ect to EPA's broad chemical regulatory authority under the Toxic Substances Control Act. For more information, please contact Mark Duvall.

    Topic State Bill Summary of Major Proposed Requirements Status

    Childrens Products

    AK HB 199 / SB 111 An act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants

    Prohibits the manufacture, sale, or distribution of upholstered furniture or a children's item if a component of the upholstered furniture or children's item contains 100 or more parts per million by mass of the following flame retardants: TDCPP; TCEP; TBBPA; decabromodiphenyl ether; antimony; hexabromocyclododecan; TBPH; TBB; chlorinated parrafins; or TCPP.

    Requires manufacturers to label upholstered furniture or childrens items if they contain flame retardants with: This product contains a chemical flame retardant.

    - Effective July 1, 2017.

    Pending

    CA SB 763 An act relating to home furnishings

    Requires manufacturers of juvenile products that sell juvenile products that contain added flame retardant chemicals must include the following statement on the product label: The State of California has determined that this product does not pose a serious fire hazard. The state has identified many flame retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development. The fabric, filling, and plastic parts of this product contain added flame retardant chemicals.

    Requires manufacturers of the juvenile product to retain sufficient documentation to show whether flame retardant chemicals were added to a juvenile product or component. Upon request, manufacturers must provide this information to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation

    Applies to juvenile products manufactured on and after July 1, 2016.

    Pending

    CT HB 6806 An act concerning toxic flame retardants in childrens products

    Prohibits the manufacture, sell, offer for sale or distribution of any children's product containing flame retardants unless required by federal law.

    Effective October 1, 2015.

    Pending

    http://www.legis.state.ak.us/PDF/29/Bills/HB0199A.PDFhttp://www.legis.state.ak.us/PDF/29/Bills/SB0111A.PDFhttp://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB763https://www.cga.ct.gov/2015/TOB/H/2015HB-06806-R00-HB.htmhttp://www.bdlaw.com/practices-60.htmlhttp://www.bdlaw.com/attorneys-150.html

  • 2016 Chemical Restriction Bills

    2

    Topic State Bill Summary of Major Proposed Requirements Status

    CT HB 5299 An act concerning toxic flame retardants in childrens products and upholstered furniture

    Prohibits the manufacture, sale, offer of sale, or distribution of children's products or upholstered residential furniture containing, in amounts greater than .01 per cent by weight, the flame retardant chemicals decabromodiphenyl ether, hexabromocyclododecane, TDCPP, TDCP, TCEP and TCPP, effective July 1, 2018.

    Prohibits the sale or use of children's products or upholstered residential furniture containing, in amounts greater than 0.01 percent by weight, the flame retardant chemicals decabromodiphenyl ether, hexabromocyclododecane, TDCPP, TDCP, TCEP and TCPP after July 1, 2019.

    Pending

    CT HB 5404 An act concerning toxic flame retardants in childrens products and furniture

    Manufacturers, wholesalers, or distributors may not manufacture, offer or distribute for sale or use a childrens product or upholstered residential furniture containing, in amounts greater than one thousand parts per million in any product component, the flame retardant chemicals decabromodiphenyl ether, hexabromocyclododecane, TDCPP, TDCP, TCEP or TCPP, effective July 1, 2019.

    Retailers may not sell or offer for sale or use in this state a children's product or upholstered residential furniture containing flame retardant chemicals in amounts greater than 1,000 ppm in any product component, effective July 1, 2020.

    Manufacturers may not replace a flame retardant with another chemical that harms the normal development of a fetus or child or causes other developmental toxicity, causes cancer, genetic damage or reproductive harm, disrupts the endocrine or hormone system, or damages the nervous system, immune system or organs, or causes other systemic toxicity.

    Pending

    https://www.cga.ct.gov/2016/TOB/h/2016HB-05299-R00-HB.htmhttps://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05404&which_year=2016

  • 2016 Chemical Restriction Bills

    3

    Topic State Bill Summary of Major Proposed Requirements Status

    DC B21-0143 An act to regulate the manufacture and sale of products containing carcinogenic flame retardants in childrens products, residential upholstered furniture, and other products

    - Prohibits the manufacture, sale, offer for sale, or distribution of any childrens product or residential upholstered furniture containing TDCPP or TCEP above 1,000 ppm, effective January 1, 2018.

    - Prohibits the manufacture, sale, offer for sale, or distribution of any product containing TDCPP or TCEP above 1,000 ppm, effective January 1, 2019.

    - Motor vehicles and parts, certain building materials, computers, AV equipment, phones, and certain other listed electronics are exempt from the requirements.

    Signed by DC mayor on March 17, 2016

    DE HB 44 An act relating to flame retardants

    - Prohibits manufacturers, wholesalers, and retailers from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use childrens products or residential upholstered furniture containing TDCPP, TCEP, or TCPP above 50 ppm in any product component, effective July 1, 2015.

    - Prohibits manufacturers, wholesalers, and retailers from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use childrens products or residential upholstered furniture containing flame retardants that are considered chemicals of high concern, effective July 1, 2016.

    Pending

    MA H 2119 An act to prohibit the distribution in commerce of children's products and upholstered furniture containing certain flame retardants, and for other purposes

    - Prohibits manufacturers, distributors, and retailers from selling, offering for sale, manufacturing for sale, distributing in commerce, or importing into the United States any childrens product or upholstered furniture that contains any of the following flame retardants above 1,000 ppm by weight: Antimony Trioxide; Chlorinated Paraffins; TDCPP; TCEP; TBBPA; decaBDE; HBCD; TBPH; TBB; TCPP; or any chemical flame retardant specified by rule.

    - Effective one year after the date of enactment.

    Pending

    http://lims.dccouncil.us/Legislation/B21-0143http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+44/$file/legis.html?openhttps://malegislature.gov/Bills/189/House/H2119

  • 2016 Chemical Restriction Bills

    4

    Topic State Bill Summary of Major Proposed Requirements Status

    MA HB 697 / SB 1139 An act relative to the disclosure of toxic chemicals in childrens products

    - The Administrative Council under the Toxics Use Reduction Act must publish a list of toxic chemicals in childrens consumer products within 180 days of enactment and refine it every four years.

    - By July 31, 2016, the Department of Environmental Protection must promulgate regulations requiring manufacturers and distributors of childrens products or formulated products to provide a written notice to the Department including: - The chemical name and CAS # - A description of the product or component containing the

    chemical - A description of the chemicals function - The amount of the chemical in the product - Name and address of the manufacturer - Any other relevant information

    - The Department must make the reported information public on its IC2 website by January 1, 2017.

    - The Department must submit a report to the legislature every two years regarding chemicals in childrens and formulated products.

    Pending

    ME SP 597 An act to protect firefighters by prohibiting the sale and distribution of new upholstered furniture containing certain flame-retardant chemicals

    - Prohibits the sale or distribution of upholstered furniture containing more than 0.1% of a flame retardant chemical or containing more than 0.1% of a mixture that includes flame retardant chemicals.

    - Effective January 1, 2017.

    Pending

    https://malegislature.gov/Bills/189/House/H697https://legiscan.com/MA/text/S1139/2015http://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0597&item=1&snum=127

  • 2016 Chemical Restriction Bills

    5

    Topic State Bill Summary of Major Proposed Requirements Status

    MN S 1099 / H 1276 An act relating to environment; regulating chemicals of high concern in children's products

    - Requires manufacturers or distributors of childrens products offered sale that contain one or more designated priority chemicals to report the concentrations of priority chemicals that are intentionally added to

Recommended

View more >