California Senate Bill SB1019 Amended / Bill

 BILL NUMBER: SB 1019AMENDED BILL TEXT AMENDED IN SENATE APRIL 21, 2014 AMENDED IN SENATE MARCH 24, 2014 INTRODUCED BY Senator Leno FEBRUARY 14, 2014 An act to add  Section 19094   Sections 19094 and 19095  to the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGEST SB 1019, as amended, Leno. Upholstered furniture: flame retardant chemicals. Existing federal law requires the Consumer Product Safety Commission to institute proceedings for the determination of an appropriate flammability standard if the commission finds that such a standard, including labeling, for a fabric, related material, or product, may be needed to protect the public. Existing federal law authorizes a state to establish a flammability standard if, among other things, it provides a higher degree of protection from the risk of fire. Existing state law, the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of upholstered furniture manufacturers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Existing state law requires every upholstered-furniture manufacturer to hold a furniture and bedding manufacturer's license. Existing state law also requires every upholstered-furniture retailer to hold a retail furniture dealer's license. A violation of the act is a crime. Existing state law requires upholstered furniture and bedding to contain a specified label that is securely fastened in a manner approved by the bureau in an area open to visible view. Existing state law establishes a standard to produce upholstered furniture which is safer from the hazards associated with smoldering ignition. This standard provides methods for smolder resistance of cover fabrics, barrier materials, resilient filling materials, and decking materials for use in upholstered furniture. This bill would require  an upholstered-furniture   a  manufacturer of covered products, as defined, to indicate whether or not the product contains added flame retardant chemicals, as defined, by including a specified statement on that label.  The bill would also require the upholstered-furniture manufacturer of any covered product sold in California to provide point-of-sale signs containing the aforementioned statement to the upholstered-furniture retailer for each product shipped to California. For in-store sales in California and for Internet and paper catalog sales to California, the bill would require the upholstered-furniture retailer in California to display the point-of-sale sign in a specified manner.   If flame retardant chemicals are added to covered products sold in California, the bill would require the upholstered-furniture manufacturer to make good faith efforts to determine the various flame retardant chemicals used in its products and report this information to the bureau. The bill would require the bureau to make this information publicly available on its Internet Web site.  The bill would require the  upholstered-furniture  manufacturer of the covered product to retain sufficient documentation to show  the chemicals   whether flame retardant chemicals were  added to a covered product or component.  If no flame retardant chemicals were added to the covered product sold in California, the bill would require the upholstered-furniture manufacturer of the covered product sold in California to retain documentation that no flame retardant chemicals were added.  The bill would provide that a written  statement   affidavit  by the supplier of each component  of the furniture, attesting under penalty of perjury that no flame retardant chemicals were added,   attesting that flame retardant chemicals were added or not added  is sufficient to make this showing.  By expanding the crime of perjury, the bill would impose a state-mandated local program.  Upon request, the bill would require  an upholstered-furniture   a  manufacturer of a covered product sold in California to provide to the bureau, within 30 days of the request, documentation establishing the accuracy of the flame retardant chemical statement on the  label and sign   label  . The bill would require the bureau to provide the Department of Toxic Substances Control with samples of the covered product or components thereof sold in California from products marked "contains NO added flame retardant chemicals" for testing for the presence of added flame retardant chemicals. If the department's testing shows that a covered product labeled as "contains NO added flame retardant chemicals" is mislabeled because it contains added flame retardant chemicals, the bill would authorize the bureau to assess fines for violations against  upholstered-furniture  manufacturers of the covered product and component manufacturers. The bill would also authorize the bureau to assess fines for failure to maintain the required chain of custody documentation. The bill would require the bureau to assess fines for certain violations and would additionally authorize the bureau to issue a citation including a citation with a fine for certain violations, as specified. The bill would authorize the bureau to make this citation information available to the public. The bill would also make it the duty of the bureau to receive consumer complaints. The bill would authorize the bureau to adopt regulations in order to carry out these provisions. Because a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares all of the following: (a) In 1975, California implemented Technical Bulletin 117, which requires that materials, such as polyurethane foam, used to fill furniture be able to withstand a small open flame for at least 12 seconds. (b) Flame retardant chemicals are used widely in upholstered furniture to meet the flame retardant standards of California Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation Technical Bulletin 117. (c) People are exposed to flame retardant chemicals in multiple ways, including when the chemicals migrate from furniture and other consumer products into air and dust in the home or workplace. (d) Some of these chemicals can persist in the environment, bioaccumulate in people and animals, and have been shown to cause adverse developmental effects in animals and humans. (e) A study by the California Environmental Protection Agency found that women in California have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Studies published in the journal of Environmental Research show that children in California have much higher levels of flame retardant chemicals than children elsewhere in the country. (f) A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants. (g) California consumers have become increasingly concerned about the potential adverse human health impacts due to exposure to certain chemical flame retardants. Various studies have linked exposure to flame retardants to cancer, lower IQs and attention problems, male infertility, male birth defects, and early puberty in girls. (h) In 2012, the Chair of the Federal Consumer Product Safety Commission, testified to Congress that "the fire-retardant foams did not offer a practically significant greater level of open flame safety than the untreated foams." (i) In 2012, the Chicago Tribune published a series of investigative reports that showed that the claims of the efficacy of flame retardants in furniture misrepresent the science. (j) In 2012, Governor Brown asked of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to review the state's four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety. (k) The Bureau concluded that the presence of flame retardant chemicals in furniture does not provide a meaningful fire safety benefit. In 2013, the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation promulgated regulations, revising Technical Bulletin 117 to allow furniture manufacturers to meet a smoldering standard. The revised Technical Bulletin 117-2013 provides improved fire safety standards without the use of flame retardant chemicals. (l) California consumers have voiced a desire to purchase furniture that complies with Technical Bulletin 117-2013 but does not contain flame retardant chemicals. (m) Technical Bulletin 117-2013 can be met with or without the use of flame retardant chemicals, but consumers currently have no way to know whether flame retardant chemicals have been added to the product. (n) It is, therefore, the intent of the Legislature in enacting this measure to provide California consumers clear information about the furniture products they are purchasing, specifically concerning compliance with fire safety standards and the absence or presence of added flame retardant chemicals.   SECTION 1.   Section 19094 is added to the   Business and Professions Code   , to read:   19094. The Legislature finds and declares all of the following: (a) In 1975, California implemented Technical Bulletin 117, which requires that materials, such as polyurethane foam, used to fill furniture be able to withstand a small open flame for at least 12 seconds. (b) Flame retardant chemicals are used widely in upholstered furniture to meet the flame retardant standards of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation's Technical Bulletin 117. (c) People are exposed to flame retardant chemicals in multiple ways, including when the chemicals migrate from furniture and other consumer products into air and dust in the home or workplace. (d) Some of these chemicals can persist in the environment, bioaccumulate in people and animals, and have been shown to cause adverse developmental effects in animals and humans. (e) A study by the California Environmental Protection Agency found that women in California have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Studies published in the journal of Environmental Research show that children in California have much higher levels of flame retardant chemicals than children elsewhere in the country. (f) A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants. (g) California consumers have become increasingly concerned about the potential adverse human health impacts due to exposure to certain chemical flame retardants. Various studies have linked exposure to flame retardants to cancer, lower IQs and attention problems, male infertility, male birth defects, and early puberty in girls. (h) In 2012, the Chairman of the federal Consumer Product Safety Commission testified to Congress that "the fire-retardant foams did not offer a practically significant greater level of open flame safety than the untreated foams." (i) In 2012, the Chicago Tribune newspaper published a series of investigative reports that showed that the claims of the efficacy of flame retardants in furniture misrepresent the science. (j) In 2012, Governor Brown asked the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to review the state's four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety. (k) The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation concluded that the presence of flame retardant chemicals in furniture does not provide a meaningful fire safety benefit. In 2013, the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation promulgated regulations, revising Technical Bulletin 117 to allow furniture manufacturers to meet a smoldering standard. The revised Technical Bulletin 117-2013 provides improved fire safety standards without the use of flame retardant chemicals. (l) California consumers have voiced a desire to purchase furniture that complies with Technical Bulletin 117-2013 but does not contain flame retardant chemicals. (m) Technical Bulletin 117-2013 can be met with or without the use of flame retardant chemicals, but consumers currently have no way to know whether flame retardant chemicals have been added to the product. (n) Upholstered furniture manufacturers and California's retail industry recognize the intrinsic value of helping consumers make knowledgeable buying decisions and are uniquely positioned to take the lead in building trust in the marketplace. Providing information on the use of chemical flame-retardants in upholstered furniture gives retailers a unique opportunity to respond to the needs of their customers. Consumers want to be able to exercise an informed choice and buy products that are not only safer for themselves and their families, but are products that will also keep our firefighters safer. (o) It is, therefore, the intent of the Legislature in enacting this measure to provide California consumers clear information about the furniture products they are purchasing, specifically concerning compliance with fire safety standards and the absence or presence of added flame retardant chemicals.  SEC. 2. Section  19094   19095  is added to the Business and Professions Code, to read:  19094.   19095.  (a) For the purposes of this section, the following definitions shall apply: (1) "Component" means the separate constituent parts of upholstered furniture sold in California,  including, but not limited to,   as identified in Technical Bulletin 117-2013, specifically  cover fabrics, barrier materials, resilient filling materials, and decking materials. (2) "Covered products" means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled "Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture." (3) "Added flame retardant chemicals" means flame retardant chemicals that are present in any covered product or component thereof at levels above  500   1000  parts per million. (4) "Department" means the Department of Toxic Substances Control. (5) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (b) (1)  (A)     An upholstered-furniture   A  manufacturer of covered products shall indicate whether or not the product contains added flame retardant chemicals by including the following  statement   "flame retardant chemical statement"  on the label described in Section 1126 of Title 4 of the California Code of Regulations for covered products: "This product meets California's furniture fire safety standard and  the upholstery materials  : _____contains added flame retardant chemicals _____contains NO added flame retardant chemicals The Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation found that flame retardant chemicals in furniture do not provide a meaningful fire safety benefit. According to the Centers for Disease Control and Prevention (CDC), such flame retardant chemicals can migrate into air and  house  dust where people can be exposed to them."  An upholstered-furniture manufacturer   A manufacturer of covered products  shall indicate the absence or presence of added flame retardant chemicals by placing an "X" in one of the appropriate blanks.  (B)   (2)  This statement shall be  in  included in the label described in Section 1126 of Title 4 of the California Code of Regulations in accordance with the bureau's regulations for that label.  (C)   (3)  Notwithstanding any other law, the bureau shall assess fines for violations of this  paragraph   subdivision  pursuant to Section 1383.2 of Title 4 of the California Code of Regulations.  (2) (A) The upholstered-furniture manufacturer of any covered product sold in California shall provide point-of-sale signs containing the flame retardant chemical statement to the upholstered-furniture retailer for each product shipped to California. For in-store sales in California, the upholstered-furniture retailer in California shall display the point-of-sale sign next to the price or description of the covered product. The point-of-sale sign shall be sized and placed so as to remain clear and conspicuous to consumers, and the minimum size of type shall be at least 0.2 inches in height.   (i) For sales of covered products sold in California via an Internet Web site, the upholstered-furniture retailer in California shall place the point-of-sale sign containing the flame retardant chemical statement clearly and conspicuously, and in close proximity to the covered product's price, on each Internet Web site page that contains a detailed description of the covered product and its price. The point-of-sale sign shall be sized and placed so as to remain clear and conspicuous to a consumer viewing the page.   (ii) For sales of covered products sold in California through paper catalogs, the upholstered-furniture retailer in California shall place the point-of-sale sign containing the flame retardant chemical statement clearly and conspicuously, and in close proximity to the covered product's price, on each page that contains a detailed description of the covered product and its price. The point-of-sale sign shall be sized and placed so as to remain clear and conspicuous to consumers.   (B) The bureau shall assess fines for violations of this paragraph in accordance with the factors described in subdivision (e) and the following schedule:   (i) The fine for the first violation shall be not less than one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500).   (ii) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500) but not more than five thousand dollars ($5,000).   (iii) The fine for the third violation shall be not less than five thousand dollars ($5,000) but not more than seven thousand five hundred dollars ($7,500).   (iv) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500) but not more than ten thousand dollars ($10,000).   (c) If flame retardant chemicals are added to a covered product sold in California, the upholstered-furniture manufacturer shall make good faith efforts to determine the various flame retardant chemicals used in its products and report this information semi-annually to the bureau. The bureau shall make this information publicly available on its Internet Web site. If information on the specific flame retardant chemicals used in the covered product is not known to the upholstered-furniture manufacturer, the upholstered-furniture manufacturer may report the trade name of the chemical mixture used.  (d) (1) (A) If any flame retardant chemical was added to the covered product or any component thereof sold in California, the upholstered-furniture manufacturer of the covered product shall retain sufficient documentation to show the chemicals and the amounts of the chemicals that were added.   (B) If no flame retardant chemicals were added to the covered product sold in California, the upholstered-furniture   (c)     (1)     The  manufacturer of the covered product sold in California shall retain documentation  that no   to show whether  flame retardant chemicals were added. A written  statement   affidavit  by the supplier of each component  of the furniture   covered by Technical Bulletin 117-2013  attesting  under penalty of perjury  that  no  flame retardant chemicals were added  or not added  shall be sufficient documentation. (2) The bureau shall ensure compliance with labeling and documentation of chain of custody requirements in this section. (3) (A) Upon request,  an upholstered-furniture   a  manufacturer of a covered product sold in California shall provide to the bureau, within 30 days of the request, documentation establishing the accuracy of the flame retardant chemical statement on the label  and sign  required by subdivision (b). (B) The bureau shall assess fines of not less than two thousand five hundred dollars ($2,500) but not more than fifteen thousand dollars ($15,000) in accordance with the factors described in subdivision (e) for the failure of the  upholstered-furniture  manufacturer  of the covered product  to maintain the required chain of custody documentation. (C) The bureau shall provide the Department of Toxic Substances Control with samples of the covered product or components thereof sold in California from products marked "contains NO added flame retardant chemicals" for testing for the presence of added flame retardant chemicals. The department shall provide the results of all testing to the bureau. (D) (i) If the department's testing shows that a covered product labeled as "contains NO added flame retardant chemicals" is mislabeled because it contains added flame retardant chemicals, the bureau may assess fines for violations against  upholstered-furniture  manufacturers of the covered product and component manufacturers to be held jointly and severally liable for the violation. (ii) A fine for a violation of this subparagraph relating to mislabeling shall be assessed in accordance with factors described in subdivision (e) and the following schedule: (I) The fine for the first violation shall be not less than one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500). (II) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500) but not more than five thousand dollars ($5,000). (III) The fine for the third violation shall be not less than five thousand dollars ($5,000) but not more than seven thousand five hundred dollars ($7,500). (IV) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500) but not more than ten thousand dollars ($10,000). (iii) If the department's testing shows that a covered product labeled as "contains NO added flame retardant chemicals" is mislabeled because it contains added flame retardant chemicals, in addition to a fine or any other request, the bureau may request that the  labels and signs   label  required by subdivision (b) for covered products that belong to the same stock keeping unit (SKU) currently produced by the manufacturer be corrected to reflect that flame retardant chemicals are added to the covered product. (iv) If the department's testing shows that a covered product labeled as "contains NO added flame retardant chemicals" is mislabeled because it contains added flame retardant chemicals, in addition to a fine or any other request, the bureau may request additional testing of more products belonging to the same stock keeping unit (SKU) at the manufacturer's expense to verify the accuracy of the label or sign  required by subdivision (b) for covered products if the manufacturer wishes to retain the "contains NO added flame retardant chemicals" designation on the label  or sign  required by subdivision (b). (E)  An upholstered-furniture   A  manufacturer of covered products and component suppliers shall be jointly and severally liable for violations of chain of custody requirements in this subdivision.  (e)   (d)  (1) Notwithstanding any other law, the bureau may issue a citation, including a citation with a fine, for a violation of this section, and shall make citation information available to the public. (2) In determining the amount of the fine associated with a citation, the bureau shall consider the following factors: (A) The nature and severity of the violation. (B) The good or bad faith of the cited person. (C) The history of previous violations. (D) Evidence that the violation was willful. (E) The extent to which the cited person or entity has cooperated with the bureau. (3) (A) The bureau shall adjust all minimum and maximum fines imposed by this section for inflation every five years. (B) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows: (i) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100). (ii) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100) but less than or equal to one thousand dollars ($1,000). (iii) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000). (4) It shall be the duty of the bureau to receive complaints from consumers concerning covered products sold in California.  (f) The bureau shall establish requirements for providing translations of the flame retardant chemical statement in other languages on the sign required by subdivision (b) as may be needed.   (g)   (e)  The bureau may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) in order to carry out  the provisions of  this section. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.