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General Assembly Raised Bill No. 7197
January Session, 2019
LCO No. 4503
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING LA BELING AND RESTRICTING THE USE OF
FLAME RETARDANTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
section: 2
(1) "Children's product" means a product, or article used as a 3
component of a product, designed or intended primarily for use by or 4
for children twelve years of age or younger, including, but not limited 5
to, clothing, toys, nursing pillows, crib mattresses, changing pads and 6
strollers. "Children's product" shall not include food, beverages, 7
dietary supplements, pharmaceutical products, biologics, consumer 8
electronics, off-highway motorcycles, all-terrain vehicles, children's 9
toys that are subject to the most recent version of the American Society 10
for Testing and Materials F963, Standard Consumer Safety 11
Specification for Toy Safety, devices as defined by the federal Food, 12
Drug and Cosmetic Act, 21 USC 321(h) or products, such as infant and 13
child car seats, governed by federal motor vehicle standards contained 14
in 49 CFR 571.213 and 49 CFR 571.302, as amended from time to time; 15 Raised Bill No. 7197
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(2) "Consumer product" means any article, except a children's 16
product, used primarily for personal, family or household purposes; 17
(3) "Flame retardant chemical" means any chemical or chemical 18
compound for which a functional use is to resist or inhibit the spread 19
of fire. "Flame retardant chemicals" include, but are not limited to, 20
halogenated, phosphorous-based, nitrogen-based and nanoscale flame 21
retardants, and any chemical or chemical compound for which "flame 22
retardant" appears on the substance safety data sheet pursuant to 29 23
CFR 1910.1200(g), as amended from time to time; and 24
(4) "Added flame retardant chemical" means a flame retardant 25
chemical that is present in any children's product or upholstered 26
furniture at levels above one thousand parts per million. 27
(b) On and after January 1, 2020, a manufacturer of a consumer 28
product intended for sale or use in the state shall include a label on 29
such consumer product that (1) is clearly visible to the consumer prior 30
to purchase, and (2) indicates whether or not the product contains any 31
added flame retardant chemical by including the following flame 32
retardant chemical statement: 33
"The materials in this product: 34
___contain an added flame retardant chemical 35
___contain NO added flame retardant chemicals 36
The State of Connecticut has determined that the fire safety 37
requirements for this product can be met without adding flame 38
retardant chemicals. The state has identified many flame retardant 39
chemicals as being known to, or strongly suspected of, adversely 40
impacting human health or development." 41
A manufacturer of consumer products shall indicate the absence or 42
presence of an added flame retardant chemical by placing an "X" in the 43
appropriate blank of such flame retardant chemical statement. 44 Raised Bill No. 7197
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(c) On and after January 1, 2020, no wholesale or retail business or 45
manufacturer of a children's product may knowingly sell, offer for sale 46
or distribute for use in this state any children's product that contains 47
any added flame retardant chemical. The provisions of this subsection 48
shall not apply to an individual who, for personal, family or household 49
purposes, uses, offers for resale, resells or distributes children's 50
products. 51
(d) The Department of Consumer Protection shall enforce the 52
provisions of this section. The Commissioner of Consumer Protection 53
shall adopt regulations, in accordance with chapter 54 of the general 54
statutes, to implement the provisions of this section. The regulations 55
shall establish minimum penalties for a manufacturer's failure to 56
comply with such provisions. 57
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Statement of Purpose:
To label consumer products containing flame retardants and to restrict
the use of flame retardants in children's products.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]