On 24 October 2017, The Board of Supervisors of San Francisco has passed the Ordinance amending the Environment Code to ban the sale in San Francisco of Upholstered Furniture and Juvenile Products made with or containing as added Flame Retardant Chemical (File number: 170867). Please note that this Ordinance is not yet signed by the mayor. We will keep you post once the Ordinance is signed. The followings are the highlight of the Ordinance:

Prohibition:

1. Beginning from 1 January 2019, establishment shall not sell a Covered Product.
2. Beginning from 1 January 2019, establishment shall not reupholster Upholstered Furniture or Reupholstered Furniture by using soft material that contains or is made with a Flame Retardant Chemical at a level above 1000 parts per million (ppm).
3. Beginning from 1 July 2019, the above prohibitions shall apply to product with electrical or electronic components.

Labelling requirements:

Establishment of upholstered furniture and reupholstered furniture shall affix every item with a label that:

1. Shall meet the requirements of Senate Bill 1019; and
2. Shall state the item does not contain Flame Retardant Chemical(s).

Note:

1. Covered Product: upholstered furniture, reupholstered furniture, or juvenile products, any component of which has been made with or contains a Flame Retardant Chemical at a level above 1000 parts per million. Covered Products do not include (1) used or second-hand furniture that is not Reupholstered Furniture, or (2) used or second-hand Juvenile Products.

2. Juvenile Product: a new, not previously owned product subject to the Home Furnishings and Thermal Insulation Act (Cal. Business and Professions Code Sec. 19000 et seq.) and designed for residential use by infants and children under 12 years of age, including but not limited to a bassinet, booster seat, changing pad, floor play mat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat. Juvenile Products do not include:

1. products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles;
2. products subject to Title 49, Part 571 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft;
3. products required to meet federal flammability standards in Title 16, Parts 1632 or 1633 of the Code of Federal Regulations regarding mattress products; and
4. products required to meet State flammability standards in California Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”

3. Reupholstered Furniture: furniture whose original fabric, padding, decking, barrier material, foam, and/or other resilient filling has been replaced by an Establishment, that has not been Sold since the time of such replacement, and that is required to meet the flammability standards set forth in California Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Reupholstered Furniture shall not include products required to meet California Technical Bulletin 133.

4. Flame Retardant Chemical: 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 California Health and Safety Code, as amended; and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations, as amended.

5. Senate Bill 1019: Upholstered furniture: Flame Retardant Chemicals.

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