Maryland’s bill SB447 on restricting flame retardant content in certain products has become law, which shall take effect 1 January 2021. The state’s Department of Health shall adopt regulations to enforce the law by 1 June 2021.

According to the new law, a person shall not import, sell or offer for sale the following products that contain more than 0.1 % of flame retardant chemicals by mass:

• a. Juvenile products intended for children under 12 years old, including bassinets, booster seats, changing pads, children’s nap mats, floor playmats, high chairs, high chair pads, infant bouncers, infant carriers, infant seats, infant swings, infant walkers, nursing pads, nursing pillows, playpen side pads, play yards, portable hook-on chairs and stroller
• b. Mattresses
• c. Upholstered furniture
• d. Reupholstered furniture

The above restricted products do not include:

• a. An electronic component or casing of an electronic component
• b. A component of upholstered or reupholstered furniture other than cover fabric, barrier material, resilient filling material and decking material
• c. Thread or fibre when used for stitching mattress components together
• d. A component of an adult mattress except for foam

“Sell or offer for sale” does not include resell, offer for resale or distribute by a consumer for consumer use.

Note:

1. “Flame retardant chemical” means a chemical that:

• a. Is used to resist or inhibit the spread of fire or act as a synergist to chemicals that resist or inhibit the spread of fire; and
• b. Fulfils one of the following conditions:
  • Containing one or more halogen elements, including fluorine, chlorine, bromine or iodine;
  • Containing one or more carbon elements and one or more phosphorus elements
  • Containing one or more carbon elements and one or more nitrogen elements; or

2. “Juvenile product” does not include:

• a. A product that is not primarily intended for used in the home, including a product that is, or a component part of, a motor vehicle, a watercraft, and aircraft, or any other vehicle
• b. A motor vehicle regulated under Federal Motor Vehicle Safety Standards (49 CFR 571)
• c. A consumer electronic product

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