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2016 Chemical Restriction Bills
Beveridge & Diamond’s 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
Children’s 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 children’s 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 children’s 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
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Topic State Bill Summary of Major Proposed Requirements Status
CT HB 5299 – An act concerning toxic flame retardants in children’s 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 children’s products and furniture
‐ Manufacturers, wholesalers, or distributors may not manufacture, offer or distribute for sale or use a children’s 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
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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 children’s products, residential upholstered furniture, and other products
- Prohibits the manufacture, sale, offer for sale, or distribution of any children’s 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 children’s 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 children’s 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 children’s 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
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Topic State Bill Summary of Major Proposed Requirements Status
MA HB 697 / SB 1139 – An act relative to the disclosure of toxic chemicals in children’s products
- The Administrative Council under the Toxics Use Reduction Act must publish a list of toxic chemicals in children’s 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 children’s 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 chemical’s 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 children’s 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
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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 children’s products offered sale that contain one or more designated priority chemicals to report the concentrations of priority chemicals that are intentionally added to the product or present as contaminants above 100 ppm.
- Manufacturers or distributors must also provide: information useful for determining exposure; any assessments conducted by the manufacturer; and any additional information requested by the agency.
- This information must be reported within one year after a chemical has been designated a priority chemical. For priority chemicals designated before July 1, 2011, the bill includes staggered deadlines based on the size of the manufacturer.
- Manufacturers and distributors must pay a $1,000 fee for each chemical reported.
- Effective immediately upon enactment.
Pending
MN H 1553 / S 1656 – An act relating to health; requiring labeling of children's products containing hazardous chemicals
- Children’s products that contain priority chemicals must be labeled with the following: "WARNING: This product contains [NAME OF PRIORITY CHEMICAL], a chemical known or suspected with a high degree of probability by the Minnesota Department of Health to be potentially hazardous to human health."
- Products containing priority chemicals must be labeled 120 days after a chemical has been designated as a priority chemical.
- Effective July 1, 2016.
Pending
LA HB 683 – An act prohibiting the sale of children’s food containers that contain bisphenol A
- Prohibits manufacturers, wholesalers, and retailers from selling or offering for sale infant formula, baby food, or toddler food stored in containers that contain bisphenol A.
- Manufacturers may not replace bisphenol A with chemicals that harm fetal development; cause cancer, genetic damage, or reproductive harm; disrupt the endocrine or hormone system; damage the nervous system, immune system or organs.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
NC SB 81 – An act to protect children from the health impacts of toxic chemical in children’s products by prohibiting the sale of children’s products containing bisphenol A, Tris, or Phthalates
‐ Prohibits wholesalers and retailers from selling, offering for sale, distributing for sale, or distributing for use any children’s product containing: bisphenol A; phthalates greater than 0.10 percent by weight; and TDCPP or TCEP in amounts greater than 50 ppm.
‐ Requires retailers or distributors of a children’s product to provide notice of any children’s products that contain a chemical regulated under the law beginning October 1, 2016.
‐ Effective December 1, 2015.
Pending
NJ A 731 – An act concerning certain children’s products containing certain metals
‐ Prohibits the sale, offer for sale, distribution, import, or manufacture of any children’s product intended for use by a child under age 6 containing, composed of, or made with lead, mercury, or cadmium.
‐ Requires an immediate recall of products violating the above prohibition and sets forth a timeline for handling recalled units.
‐ Effective on the first day of the seventh month following enactment.
Pending
NY AB 386 – An Act to amend the general business law, in relation to prohibiting the manufacture, distribution, and sale of toys and child care products containing phthalates
‐ Prohibits the manufacture, distribution, sale, or offering for sale of any toy or child care product containing di (2-ethylexyl) phthalate, dibutyl phthalate, or butyl benzyl phthalate in concentrations greater than 0.1 percent.
‐ The same prohibition extends to toys or child care products containing di-isononyl phthalate, di-isodecyl phthalate, or di-n-octyl phthalate in excess of 0.1 percent in toys or child care products intended for use by a child under three when the product may be placed in the child’s mouth.
‐ Requires the use of the least toxic alternative that is not a carcinogen or reproductive toxicant.
‐ Effective 24 months after enactment.
Pending
NY A 2997 – An act to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
- Prohibits the sale or offer for sale of any liquid, food, or beverage in a can, jar, or other container containing bisphenol A if it is designed or intended primarily for consumption by children three years of age or younger.
- Effective immediately upon enactment.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
NY S 2764 – An act to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
- Prohibits the sale or offer for sale of any liquid, food, or beverage in a can, jar, or other container containing bisphenol A if it is designed or intended primarily for consumption by children three years of age or younger by December 1, 2016.
- Manufacturers may not replace bisphenol A with a known human carcinogen; manufactures must use the least toxic alternative chemical compound.
- Effective immediately upon enactment.
Pending
NY A 3359 – An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products, containing bisphenol A or phthalates
- Prohibits the manufacture, distribution, sale, or offer for sale of any toy or child care product intended for use by a child under 14 years of age containing bisphenol A.
- Prohibits the manufacture, distribution, sale, or offer for sale of any toy or child care product containing phthalates, as defined, in concentrations greater than 0.1 percent.
- Requires manufacturers to use the least toxic alternative to bisphenol A or phthalate in the toy or product.
- Effective on the first January 1 after the date of enactment.
Pending
NY S 2591 / A 6099 – An act to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products
- Prohibits retailers from selling or offering for sale a children’s product that intentionally contains formaldehyde or ingredients that chemically degrade under normal conditions of temperature and pressure to release formaldehyde at levels exceeding 0.05 percent.
- Effective on the first January 1 after the date of enactment.
Pending
NY S 2408 – An act to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products
- Requires the Department of Environmental Conservation to publish a list of priority chemicals within 180 days of the enactment of the law. The list would be subject to periodic review.
- Requires manufacturers that offer a children’s product containing an intentionally added priority chemical for sale or distribution to submit a report to the Department no later than twelve months after a priority chemical is listed.
- Prohibits the distribution, sale, or offer for sale of children’s products containing a priority chemical that has been listed for more than one year after January 1, 2020.
- Effective 120 days after enactment.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
NY A 1756 – An act to amend the public health law, in relation to lead in candy, soft vinyl lunch boxes, and infant and children's vinyl bibs
- Prohibits the sale of candy that contains lead levels above the FDA maximum threshold of 1/10 part of lead per million parts.
- Prohibits the manufacture, distribution, sale or offer for sale any soft vinyl lunch box, or infant or children's bib which contains more than 600 parts per million of lead.
- Effective immediately upon enactment.
Pending
NY S 1126 – An act to amend the environmental conservation law, in relation to cadmium-added novelty consumer products
- Prohibits the sale, offer for sale, or distribution free of charge of any “cadmium-added novelty consumer product,” including jewelry, toys, and ornaments on or after June 1, 2017.
- Effective immediately upon enactment.
Pending
RI H 7643 – An act relating to health and safety; formaldehyde control
- Prohibits manufacturers, wholesalers, or retailers from selling or offering for sale a children’s product that contains formaldehyde or intentionally added chemical ingredients that chemically degrade under normal conditions to release free formaldehyde at levels exceeding 0.05 percent.
- Manufacturers may not replace formaldehyde with a reproductive toxicant, carcinogen, mutagen, endocrine disruptor or any toxic chemical known to damage the nervous system, immune system, or organs.
- Effective January 1, 2017.
Pending
SC H 3461 – A bill to prohibit the sale of a children’s product containing formaldehyde or that releases formaldehyde
- Prohibits manufacturers and wholesalers from selling or offering for sale a children’s product that intentionally contains formaldehyde and ingredients that chemically degrade under normal conditions to release formaldehyde by January 1, 2016.
- Prohibits retailers from selling or offering for sale the aforementioned children’s products beginning January 1, 2017.
- Imposes limitations on the chemicals used to replace formaldehyde and formaldehyde donors in children’s products.
- Effective upon approval by the Governor.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
TN HB 2420 / SB 2059 – An act prohibiting certain flame retardants in children's products and residential upholstered furniture
- Prohibits manufacturers, wholesalers, and retailers from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use in this state children's products or upholstered furniture containing, in amounts greater than 10 ppm: TDCPP; TCEP; Tetrabromobisphenol A; Decabromodiphenyl ether; Antimony; Hexabromocyclododecane; Tetrabromo phthalate (TBPH); Tetrabromo benzoate (TBB); Chlorinated paraffins; or Tris (1-chloro-2-propyl)phosphate (TCPP).
- The Department of Agriculture may promulgate rules requiring other consumer products that are sold for commercial use to comply with the restrictions if: the consumer products are sold for indoor use in a residence, child care facility, office, or school; and a child under 12 years of age or pregnant woman may have direct contact with the consumer product.
- Manufacturers may not replace a restricted chemical with another chemical that may: harm development; cause cancer, genetic damage, or reproductive harm; disrupt the endocrine system; damage the nervous system, immune system, or organs or cause other systemic toxicity; be persistent, bioaccumulative, and toxic; or be very persistent and very bioaccumulative; and is known to result in exposure.
- Furniture must be labeled indicating if it contains flame retardants. - Effective July 1, 2017.
Pending
WA SB 5056 – An act relating to the use of chemical action plans for recommendations of safer chemicals
- Prohibits manufacturers, wholesalers, or retailers from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use children’s products or residential upholstered furniture containing TDCPP, TCEP, decabromodiphenyl ether, hexabromocyclododecane, and TBBPA in amounts greater than 1000 ppm in any product component beginning July 1, 2016.
- Requires the Department of Ecology to develop chemical action plans for two substances every two years.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
WA HB 2545 / SB 6440 – An act reducing public health threats that particularly impact highly exposed populations, including children and firefighters, by establishing a process for the department of health to restrict the use of toxic flame retardant chemicals in certain types of consumer products
- Prohibits manufacturers, wholesalers, or retailers from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use children’s products or residential upholstered furniture containing TDCPP, TCEP, decabromodiphenyl ether, hexabromocyclododecane, and TBBPA in amounts greater than 1000 ppm in any product component beginning July 1, 2017.
- Manufacturers of covered products must notify sellers of the impending restrictions 90 days prior to the restrictions coming into effect, and must recall such products and reimburse retailers or distributors.
Passed both chambers, awaiting
governor’s signature
WV HB 4609 – West Virginia Residential Furniture and Children’s Products Flame Retardants Act
- Effective July 1, 2019, manufacturers and wholesalers may not manufacturers, sell, offer for sale, or distribute children’s products or upholstered furniture containing “regulated flame retardants” above 1,000 ppm, including TDCPP; decabromodiphenyl ether; pentabromodiphenyl ether; hexabromocyclododecane; and TCEP.
- Effective July 1, 2020, retailers may not sell or offer for sale regulated flame retardants.
- Manufacturers may not replace a chemical with another chemical that may harm fetal development; cause cancer, genetic damage, or reproductive harm; disrupt the endocrine or hormone system; or damage the nervous system, immune system, or organs.
- The Commissioner of the Bureau for Public Health may establish a “Meets Fire Safety Standard Without the Use of Flame Retardants” labeling program.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
Mercury MD HB 1328 – An act concerning environment; lead and Mercury wheel weights prohibited
- Prohibits manufacturers, wholesalers, retailers, or motor vehicle repair facilities from using or selling an externally attached lead wheel weight that is composed of greater than 0.1% lead by weight or mercury wheel weight during the first tire installation, replacement or balancing.
- The Department of the Environment will establish a list of approved safe alternative wheel weights.
- Effective January 1, 2019 for all used vehicles registered in Maryland.
- Effective January 1, 2020 for all new vehicles registered in Maryland.
Pending
NY S 996 / A 5605 - An act to amend the vehicle and traffic law, in relation to limiting the use of certain substances in brake friction material
- Prohibits manufacturers, wholesalers, retailers, or distributors from selling or offering for sale brake friction material containing asbestiform fibers, cadmium and its compounds, chromium salts, lead and its compounds, and mercury and its compounds above 0.1 percent by weight (except for cadmium at 0.01 percent by weight) by January 1, 2019.
- Prohibits the aforementioned entities from selling or offering for sale brake friction material containing more than five percent copper and its compounds by weight by January 1, 2026.
- Requires the Department of Environmental Conservation to conduct a review of alternative brake materials.
- Requires manufacturers of brake friction material sold or offered for sale in New York to provide data to the Department to enable it to determine the concentrations of antimony, copper, nickel, zinc, and their compounds in brake friction material.
- Effective immediately upon enactment.
Pending
2016 Chemical Restriction Bills
12
Topic State Bill Summary of Major Proposed Requirements Status
NJ A 897 – An act concerning vaccines that contain mercury
- Prohibits a health care provider from administering to any person an influenza vaccine that contains more than 0.5 micrograms of mercury per 0.25 milliliter dose to a child under three years of age and 1.0 microgram of mercury per 0.5 milliliter dose to a person over three years of age.
- By the following year, prohibits a health care provider from administering a vaccine that contains more than trace amount of mercury to any person.
- By the following year, prohibits a health care provider from administering a vaccine that contains any amount of mercury.
- Effective immediately upon enactment.
Pending
NJ
A 261 – An act concerning motor vehicle wheel weights
- Prohibits the use of a wheel weight or other product for balancing motor vehicle wheels that contains lead or mercury that was intentionally added during the manufacture of the product.
- Effective 180 days after enactment.
Pending
NJ A 731 – An act concerning certain children’s products containing certain metals
- See entry in the “Children’s Products” section. Pending
NY AB 172 / S 5322 – An act to amend the environmental conservation law in relation to prohibiting the mercury-added rotational balancing products
- Requires the Department of Environmental Conservation to promulgate regulations to prohibit the sale, offer for sale, or distribution of mercury-added rotational balancing products for use on certain devices for which a mercury-free alternative is available.
- Prohibits the use of a wheel weight or other product for balancing motor vehicle wheels that contains mercury that was intentionally added during the manufacture of the product.
- Effective immediately upon enactment.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
NY A 647 - The Mercury Free Water Resources and Mercury Reduction Management Strategy Act
- By 2018, prohibits the sale of a mercury-added product at a retail or wholesale location, to a retailer or wholesaler, or for use without a phase-out exemption.
- Requires that mercury-containing products be labeled by the manufacturer or wholesaler to indicate the presence of mercury in the product.
- Prohibits the sale of mercury-added toys or games, cosmetics, or any item of clothing or wearable apparel that contains a mercury-added electric switch.
- Prohibits the placement of mercury-added products in solid waste, wastewater, and scrap metal processing or recycling streams, among other disposal options.
- Effective on the first January 1 after the date of enactment.
Pending
NY AB 5844 / SB 3261 – An act to amend the environmental conservation law, in relation to the reduction of mercury in mercury-added lamps
- Prohibits producers of mercury-added lamps from selling, offering for sale, or distributing such lamps that fail to meet mercury content standards adopted by the Department of the Environment, and established limits for certain general purpose categories.
- Effective January 1, 2017.
Pending
NY S 919 – An act to amend the environmental conservation law, in relation to the reduction of mercury in mercury-added lamps
- Prohibits producers from selling, offering for sale, or distributing mercury-added lamps that fail to meet mercury content standards adopted by the Department of Environmental Conservation after January 1, 2017.
- Effective immediately upon enactment.
Pending
NY AB 6757 – An act to prohibit the sale and distribution of mercury fever thermometers
- Prohibits anyone from selling, or offering for sale any mercury fever thermometer unless prescribed by a health care practitioner or veterinarian.
- The law takes effect 180 days after enactment.
Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
Chemicals in Consumer Products
CA AB 708 – An act relating to consumer product safety
- Requires manufacturers of cleaning products for retail sale to disclose each ingredient contained in the product, post on the manufacturer’s website, and provide website information on the product label, along with a prescribed statement.
- The website must contain a full list of the ingredients contained in the product explaining the purpose of the ingredient in the product; with respect to listed chemicals, the website must also provide information regarding any potential health impacts of the ingredient.
- Effective for all cleaning products manufactured after January 1, 2017
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
MA HB 696 / SB 397 – An act for healthy families and businesses
- Requires the Toxics Use Reduction Institute to publish a list of chemicals of concern within 90 days after enactment.
- The Administrative Council on Toxics Use Reduction must designate 50-70 priority chemicals; No consumer product containing a priority chemical substance shall be sold, offered for sale, or distributed for use unless the product’s manufacturer has submitted a notification (specifying the chemical identity, concentration in the product, function, and manufacturer’s contact information).
- Manufacturers must provide notice to any person who sells, offers to sell, or distributes such product for use in the Commonwealth, identifying the priority chemical substance, its purpose in the consumer product, any measures that should be undertaken to reduce a user’s exposure to the priority chemical substance, possible safer alternatives, and proper management for discarding the consumer product
- Users of a priority chemical substance shall provide notice to workers.
- Requires the Institute to identify a list of at least 5 priority chemical substances per year for “alternatives assessment substances.” Based on the designation, any manufacturer that sells or distributes the alternatives assessment substance in a product or component of a product must complete a Responsible Entity Alternatives Assessment Report.
- The Department has the authority to issue regulatory responses which may include labeling, control measures, and additional requirements.
- Establishes an “Assist Business to Compete Fund” (the ABC Fund) and a technical assistance grant program for safer alternatives.
Pending
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Topic State Bill Summary of Major Proposed Requirements Status
WA HB 1472 / SB 5406 – an act concerning use of chemical action plans to require safer chemicals in Washington
- Requires the Department of Ecology to adopt a list of not more than 150 priority chemicals by January 1, 2018, and periodically thereafter.
- Requires the director to select up to 20 priority chemicals for potential chemical action plan development by January 1, 2018; four additional priority chemicals must be selected for such plans beginning July 1, 2018, and every two years thereafter.
- Authorizes the Department of Ecology to require manufacturers to conduct alternatives assessments.
- Requires the Department of Ecology to prohibit specific uses of a chemical, or prohibit the sale, offer for sale, or distribution of a specific product or products containing the chemical if it determines a safer alternative exists.
Pending
Flame Retardants
AK HB 199 / SB 111 – An act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants
- See entry in the “Children’s Products” section. Pending
CA SB 763 – An act relating to home furnishings
- See entry in the “Children’s Products” section. Pending
CT HB 6806 – An act concerning toxic flame retardants in children’s products
- See entry in the “Children’s Products” section. Pending
CT HB 5299 – An act concerning toxic flame retardants in children’s products and upholstered furniture
- See entry in the “Children’s Products” section. Pending
CT HB 5404 – An act concerning toxic flame retardants in children’s products and furniture
- See entry in the “Children’s Products” section. Pending
2016 Chemical Restriction Bills
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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 children’s products, residential upholstered furniture, and other products
- See entry in the “Children’s Products” section. Signed by DC mayor on March 17, 2016
DE HB 44 – An act relating to flame retardants
- See entry in the “Children’s Products” section. 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
- See entry in the “Children’s Products” section. Pending
ME SP 597 – An act to protect firefighters by prohibiting the sale and distribution of new upholstered furniture containing certain flame-retardant chemicals
- See entry in the “Children’s Products” section. Pending
NC SB 81 – An act to protect children from the health impacts of toxic chemical in children’s products by prohibiting the sale of children’s products containing bisphenol A, Tris, or Phthalates
- See entry in the “Children’s Products” section. Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
NC H 648 – An act to restrict the sale and distribution of bedding that contains toxic flame retardants
- Prohibits the manufacture, sale, offer for sale, or distribution of bedding that contains “regulated flame retardants” (any organohalogen flame retardant or organophosphorus flame retardant).
- The Department of Agriculture and Consumer Services may establish a "Meets fire safety standards without the use of chemical flame retardants" labeling program for bedding that meet fire safety standards and do not contain regulated flame retardants.
- Effective on January 1, 2017.
Pending
NY S 2745 - An act to amend the environmental conservation law, in relation to prohibiting the use of chemical flame retardants
- Prohibits the sale or offer for sale of residential upholstered furniture that contains intentionally-added chemical flame retardants by July 1, 2016.
- Requires manufacturers of residential upholstered furniture that is sold or offered for sale to certify that the furniture meets the requirements of the open flame flammability standard, beginning December 1, 2018.
- Effective immediately upon enactment.
Pending
NY S 2591 / A 6099 – An act to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products
- See entry in the “Children’s Products” section. Pending
NY SB 3844 / AB 7837 – An act prohibiting the use of chemical flame retardants
- Prohibits the sale or offer of sale of any residential upholstered furniture that contains an intentionally-added halogenated flame retardant, including but not limited to TDCPP and any Phosphorus-Bromine flame retardants.
- Effective July 1, 2017.
Pending
RI H 7643 – An act relating to health and safety; formaldehyde control
- See entry in the “Children’s Products” section. Pending
2016 Chemical Restriction Bills
19
Topic State Bill Summary of Major Proposed Requirements Status
SC H 3461 – A bill to prohibit the sale of a children’s product containing formaldehyde or that releases formaldehyde
- See entry in the “Children’s Products” section.
TN HB 2420 / SB 2059 – An act prohibiting certain flame retardants in children's products and residential upholstered furniture
- See entry in the “Children’s Products” section. Pending
WA HB 5056 – An act relating to the use of chemical action plans for recommendations of safer chemicals
- See entry in the “Children’s Products” section. Pending
WA HB 2545 / SB 6440 – An act reducing public health threats that particularly impact highly exposed populations, including children and firefighters, by establishing a process for the department of health to restrict the use of toxic flame retardant chemicals in certain types of consumer products
- See entry in the “Children’s Products” section. Passed both chambers, awaiting
governor’s signature
WV HB 4609 – West Virginia Residential Furniture and Children’s Products Flame Retardants Act
- See entry in the “Children’s Products” section. Pending
Bisphenol A LA HB 683 – An act prohibiting the sale of children’s food containers that contain bisphenol A
- See entry in the “Children’s Products” section. Pending
2016 Chemical Restriction Bills
20
Topic State Bill Summary of Major Proposed Requirements Status
NC SB 81 – An act to protect children from the health impacts of toxic chemical in children’s products by prohibiting the sale of children’s products containing bisphenol A, Tris, or Phthalates
- See entry in the “Children’s Products” section. Pending
MA SB 1200 – An act to reduce exposure to BPA
- No person shall use thermal paper containing BPA as a receipt of purchase for any sale.
- Effective one year after enactment.
Pending
MA SB 1223 – An act prohibiting the use of bisphenol A in consumer products
- Prohibits any person, entity, manufacturer, wholesaler, or retailer from manufacturing, knowingly selling, offering for sale, distributing for sale, or distributing for use, any toy, child care article, bottle, cup, or other container, that contains bisphenol A if that container is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container.
- Manufacturers shall use the least toxic alternative when replacing bisphenol A, and shall not replace bisphenol A with carcinogens or reproductive toxicants.
- Effective January 1, 2016.
Pending
MD SB 175 – An act concerning public health; sales receipts containing Bisphenol A; prohibition
- Prohibits anyone from manufacturing, knowingly selling, or distributing in commerce any child care article containing bisphenol A, effective immediately upon enactment.
- Requires the use of safe and legal alternatives when replacing Bisphenol A; prohibits manufacturers from replacing bisphenol A with a carcinogen or reproductive toxicant.
Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
NJ A 1437 – An act concerning food and beverage packaging and containers made with bisphenol A
- Prohibits the sale, offer for sale, or distribution for sale of food or beverages in a package or container made with or composed of bisphenol A.
- Prohibits the sale, offer for sale, or distribution for sale of a food or beverage storage container made with or composed of bisphenol A.
- Authorizes retailers to apply for a hardship waiver to allow the sale of existing stock.
- Effective immediately upon enactment.
Pending
NY S 4861 – An act prohibiting the sale of thermal receipt paper containing bisphenol A
- Prohibits anyone from manufacturing, selling, offering for sale or distributing any thermal receipt paper or cash register receipt paper that contains bisphenol A.
- Effective October 1, 2017.
Pending
NY S 2763 – An act to amend the environmental conservation law, in relation to regulation of bisphenol A in business transaction paper A 3267 – An act to amend the environmental conservation law, in relation to prohibiting the manufacture, sale or distribution of thermal receipt paper containing bisphenol A
- Prohibits the distribution or use of any paper containing bisphenol A for the recording of any business or banking transaction.
- Prohibits manufacturers from producing or distributing such paper. - Requires manufacturers to replace bisphenol A with a chemical
compound that is the least toxic alternative and not a known human carcinogen.
- Effective 180 days after enactment.
- Prohibits the manufacture, sale, offer for sale or distribution of any thermal receipt paper or cash register receipt paper that contains bisphenol A after October 1, 2017 if U.S. EPA cannot identify a safe, commercially available alternative.
- Effective 30 days after enactment.
Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
NY A 3276 - An act to amend the environmental conservation law, in relation to regulation of liquid, food and beverage containers containing bisphenol A
- Prohibits the sale or offer for sale of any liquid food or beverage in a can, jar, or other container containing bisphenol A by December 1, 2016.
- Prohibits a manufacturer from replacing bisphenol A with a known human carcinogen and requires the use of the least toxic alternative compound.
- Effective immediately upon enactment.
Pending
NY A 2997 – An act to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
- See entry in the “Children’s Products” section. Pending
NY S 2764 – An act to amend the environmental conservation law, in relation to regulation of toys, and food and beverage containers containing bisphenol A
- See entry in the “Children’s Products” section. Pending
NY A 3359 – An act to amend the general business law, in relation to prohibiting the manufacture, distribution and sale of toys and child care products, containing bisphenol A or phthalates
- See entry in the “Children’s Products” section. Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
PA HB 546 – An act providing for bisphenol A-free food and beverage container products
- Prohibits the manufacture, sale, or distribution of food and beverage containers that contain bisphenol-A at levels above 0.1 ppb if the container serves as a package, parcel, or other vessel intended for use in storing, heating, or serving liquids or solids.
- Manufacturers must use the least toxic alternative when replacing bisphenol A.
- Effective 60 days after enactment.
Pending
RI H 7642 – An act relating to health and safety; prohibition of containers using Bisphenol A
- Prohibits the manufacture, sale, or distribution in commerce of any reusable food or beverage container containing bisphenol A or any food intended for or marketed to children that is stored in food packaging that contains Bisphenol A.
- Manufacturers may not replace Bisphenol A with a carcinogen, reproductive toxicant, or endocrine disruptor.
- All food packaging that contains bisphenol A shall display a label on the front of the package stating “this package contains bisphenol A, a chemical that may harm fetal development, which can leach into the food.”
- Effective January 1, 2017.
Pending
Personal Products
IA SF 62 – An act relating to the use of triclosan in certain products
- Prohibits the offer for retail sale of any cleaning product that contains triclosan and is intended to be used by the consumer for sanitizing or hand or body cleansing unless FDA approval for consumer use has been secured.
- Effective January 1, 2017.
Pending
IL HB 3462 – An act concerning health
- Prohibits any person or business from selling or offering to sell any cleaning product that contains triclosan and is used by consumers for sanitizing or hand or body cleansing.
Pending
NY AB 4309 – An act to amend the public health law, in relation to enacting the safe cosmetics act of 2015
- Requires manufacturers of cosmetic products subject to regulation by U.S. FDA to provide the Department with a complete and accurate list of its cosmetic products that are sold in New York that contain any chemical ingredient identified as causing cancer or reproductive toxicity.
- The Department may require the manufacturer to provide additional health or test data.
- Effective January 1, 2016
Pending
2016 Chemical Restriction Bills
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Topic State Bill Summary of Major Proposed Requirements Status
NY S 6636 / A 9230 – An act to amend the environmental conservation law, in relation to enacting the “triclosan awareness act,” prohibiting the sale of cleaning products containing triclosan, triclocarban or derivatives of such antibacterial compounds
- Prohibits the sale and offer for sale of cleaning products containing triclosan, triclocarban or derivatives.
- The prohibition excludes cleaning products containing antibacterial compounds solely for use in medical facilities and products that have secured U.S. FDA approval.
- Effective one year and six months after enactment.
Pending
NY AB 526 – An act to amend the general business law, in relation to prohibiting the manufacture, distribution, or sale of nail polish and nail hardener
- Prohibits the manufacture, distribution, sale and use of nail polish or nail hardener containing dibutyl phthalates, toluene, and formaldehyde.
- Effective on the first January 1 after the date of enactment.
Pending
VT H 706 – An act to require cosmetic manufacturers to disclose product ingredients
- Requires cosmetic manufacturers to disclose a full list of the ingredients in each cosmetic product manufactured, distributed, or offered for sale to the Department of Health and on the manufacturer’s website.
- The ingredients must be listed in order of predominance; ingredients at less than 1% may be listed in any order after the other ingredients.
- Manufacturers must disclose ingredient concentrations to the Department.
- Effective January 1, 2017.
Pending