CT
Connecticut House Bill HB07197

Connecticut 2019 Regular Session

Connecticut House Bill HB07197 Compare Versions

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7-General Assembly Substitute Bill No. 7197
5+General Assembly Raised Bill No. 7197
86 January Session, 2019
7+LCO No. 4503
98
9+
10+Referred to Committee on PUBLIC HEALTH
11+
12+
13+Introduced by:
14+(PH)
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1419 AN ACT CONCERNING LA BELING AND RESTRICTING THE USE OF
1520 FLAME RETARDANTS.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
1924 Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
2025 section: 2
2126 (1) "Children's product" means a product, or article used as a 3
2227 component of a product, designed or intended primarily for use by or 4
2328 for children twelve years of age or younger, including, but not limited 5
2429 to, clothing, toys, nursing pillows, crib mattresses, changing pads and 6
2530 strollers. "Children's product" shall not include food, beverages, 7
2631 dietary supplements, pharmaceutical products, biologics, consumer 8
2732 electronics, off-highway motorcycles, all-terrain vehicles, children's 9
28-toys that contain electronic components or are subject to the most 10
29-recent version of the American Society for Testing and Materials F963, 11
30-Standard Consumer Safety Specification for Toy Safety, devices as 12
31-defined by the federal Food, Drug and Cosmetic Act, 21 USC 321(h) or 13
32-products, such as infant and child car seats, governed by federal motor 14
33-vehicle standards contained in 49 CFR 571.213 and 49 CFR 571.302, as 15
34-amended from time to time; 16
35-(2) "Consumer product" means upholstered furniture or any article, 17
36-except a children's product, used primarily for personal, family or 18 Substitute Bill No. 7197
33+toys that are subject to the most recent version of the American Society 10
34+for Testing and Materials F963, Standard Consumer Safety 11
35+Specification for Toy Safety, devices as defined by the federal Food, 12
36+Drug and Cosmetic Act, 21 USC 321(h) or products, such as infant and 13
37+child car seats, governed by federal motor vehicle standards contained 14
38+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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43-household purposes; 19
44-(3) "Flame retardant chemical" means any chemical or chemical 20
45-compound for which a functional use is to resist or inhibit the spread 21
46-of fire. "Flame retardant chemical" includes, but is not limited to, 22
47-halogenated, phosphorous-based, nitrogen-based and nanoscale flame 23
48-retardants, and any chemical or chemical compound for which "flame 24
49-retardant" appears on the substance safety data sheet pursuant to 29 25
50-CFR 1910.1200(g), as amended from time to time; and 26
51-(4) "Added flame retardant chemical" means a flame retardant 27
52-chemical that is present in any children's product or consumer product 28
53-at levels above one thousand parts per million. 29
54-(b) On and after January 1, 2020, a manufacturer of a consumer 30
55-product intended for sale or use in the state shall include a label on 31
56-such consumer product that (1) is clearly visible to the consumer prior 32
57-to purchase, and (2) indicates whether or not the product contains any 33
58-added flame retardant chemical by including the following flame 34
59-retardant chemical statement: 35
60-"The materials in this product: 36
61-___contain an added flame retardant chemical 37
62-___contain NO added flame retardant chemicals 38
63-The State of Connecticut has determined that the fire safety 39
64-requirements for this product can be met without adding flame 40
65-retardant chemicals. The state has identified many flame retardant 41
66-chemicals as being known to, or strongly suspected of, adversely 42
67-impacting human health or development." 43
68-A manufacturer of consumer products shall indicate the absence or 44
69-presence of an added flame retardant chemical by placing an "X" in the 45
70-appropriate blank of such flame retardant chemical statement. 46 Substitute Bill No. 7197
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44+(2) "Consumer product" means any article, except a children's 16
45+product, used primarily for personal, family or household purposes; 17
46+(3) "Flame retardant chemical" means any chemical or chemical 18
47+compound for which a functional use is to resist or inhibit the spread 19
48+of fire. "Flame retardant chemicals" include, but are not limited to, 20
49+halogenated, phosphorous-based, nitrogen-based and nanoscale flame 21
50+retardants, and any chemical or chemical compound for which "flame 22
51+retardant" appears on the substance safety data sheet pursuant to 29 23
52+CFR 1910.1200(g), as amended from time to time; and 24
53+(4) "Added flame retardant chemical" means a flame retardant 25
54+chemical that is present in any children's product or upholstered 26
55+furniture at levels above one thousand parts per million. 27
56+(b) On and after January 1, 2020, a manufacturer of a consumer 28
57+product intended for sale or use in the state shall include a label on 29
58+such consumer product that (1) is clearly visible to the consumer prior 30
59+to purchase, and (2) indicates whether or not the product contains any 31
60+added flame retardant chemical by including the following flame 32
61+retardant chemical statement: 33
62+"The materials in this product: 34
63+___contain an added flame retardant chemical 35
64+___contain NO added flame retardant chemicals 36
65+The State of Connecticut has determined that the fire safety 37
66+requirements for this product can be met without adding flame 38
67+retardant chemicals. The state has identified many flame retardant 39
68+chemicals as being known to, or strongly suspected of, adversely 40
69+impacting human health or development." 41
70+A manufacturer of consumer products shall indicate the absence or 42
71+presence of an added flame retardant chemical by placing an "X" in the 43
72+appropriate blank of such flame retardant chemical statement. 44 Raised Bill No. 7197
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77-(c) On and after January 1, 2020, no wholesale or retail business or 47
78-manufacturer of a children's product may knowingly sell, offer for sale 48
79-or distribute for use in this state any children's product that contains 49
80-any added flame retardant chemical. The provisions of this subsection 50
81-shall not apply to an individual who, for personal, family or household 51
82-purposes, uses, offers for resale, resells or distributes children's 52
83-products. 53
84-(d) The Department of Consumer Protection shall enforce the 54
85-provisions of this section. The Commissioner of Consumer Protection 55
86-shall adopt regulations, in accordance with chapter 54 of the general 56
87-statutes, to implement the provisions of this section. The regulations 57
88-shall establish minimum penalties for a manufacturer's failure to 58
89-comply with such provisions. 59
76+LCO No. 4503 3 of 3
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78+(c) On and after January 1, 2020, no wholesale or retail business or 45
79+manufacturer of a children's product may knowingly sell, offer for sale 46
80+or distribute for use in this state any children's product that contains 47
81+any added flame retardant chemical. The provisions of this subsection 48
82+shall not apply to an individual who, for personal, family or household 49
83+purposes, uses, offers for resale, resells or distributes children's 50
84+products. 51
85+(d) The Department of Consumer Protection shall enforce the 52
86+provisions of this section. The Commissioner of Consumer Protection 53
87+shall adopt regulations, in accordance with chapter 54 of the general 54
88+statutes, to implement the provisions of this section. The regulations 55
89+shall establish minimum penalties for a manufacturer's failure to 56
90+comply with such provisions. 57
9091 This act shall take effect as follows and shall amend the following
9192 sections:
9293
9394 Section 1 October 1, 2019 New section
9495
95-Statement of Legislative Commissioners:
96-In Subsec. (a)(2), "upholstered furniture" was included in the definition
97-of "consumer product" and in Subsec. (a)(4), "upholstered furniture"
98-was changed to "consumer product" for accuracy and clarity.
99-
100-PH Joint Favorable Subst.
96+Statement of Purpose:
97+To label consumer products containing flame retardants and to restrict
98+the use of flame retardants in children's products.
99+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
100+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
101+not underlined.]
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