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General Assembly Substitute Bill No. 7197
January Session, 2019
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 contain electronic components or are subject to the most 10
recent version of the American Society for Testing and Materials F963, 11
Standard Consumer Safety Specification for Toy Safety, devices as 12
defined by the federal Food, Drug and Cosmetic Act, 21 USC 321(h) or 13
products, such as infant and child car seats, governed by federal motor 14
vehicle standards contained in 49 CFR 571.213 and 49 CFR 571.302, as 15
amended from time to time; 16
(2) "Consumer product" means upholstered furniture or any article, 17
except a children's product, used primarily for personal, family or 18 Substitute Bill No. 7197
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household purposes; 19
(3) "Flame retardant chemical" means any chemical or chemical 20
compound for which a functional use is to resist or inhibit the spread 21
of fire. "Flame retardant chemical" includes, but is not limited to, 22
halogenated, phosphorous-based, nitrogen-based and nanoscale flame 23
retardants, and any chemical or chemical compound for which "flame 24
retardant" appears on the substance safety data sheet pursuant to 29 25
CFR 1910.1200(g), as amended from time to time; and 26
(4) "Added flame retardant chemical" means a flame retardant 27
chemical that is present in any children's product or consumer product 28
at levels above one thousand parts per million. 29
(b) On and after January 1, 2020, a manufacturer of a consumer 30
product intended for sale or use in the state shall include a label on 31
such consumer product that (1) is clearly visible to the consumer prior 32
to purchase, and (2) indicates whether or not the product contains any 33
added flame retardant chemical by including the following flame 34
retardant chemical statement: 35
"The materials in this product: 36
___contain an added flame retardant chemical 37
___contain NO added flame retardant chemicals 38
The State of Connecticut has determined that the fire safety 39
requirements for this product can be met without adding flame 40
retardant chemicals. The state has identified many flame retardant 41
chemicals as being known to, or strongly suspected of, adversely 42
impacting human health or development." 43
A manufacturer of consumer products shall indicate the absence or 44
presence of an added flame retardant chemical by placing an "X" in the 45
appropriate blank of such flame retardant chemical statement. 46 Substitute Bill No. 7197
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(c) On and after January 1, 2020, no wholesale or retail business or 47
manufacturer of a children's product may knowingly sell, offer for sale 48
or distribute for use in this state any children's product that contains 49
any added flame retardant chemical. The provisions of this subsection 50
shall not apply to an individual who, for personal, family or household 51
purposes, uses, offers for resale, resells or distributes children's 52
products. 53
(d) The Department of Consumer Protection shall enforce the 54
provisions of this section. The Commissioner of Consumer Protection 55
shall adopt regulations, in accordance with chapter 54 of the general 56
statutes, to implement the provisions of this section. The regulations 57
shall establish minimum penalties for a manufacturer's failure to 58
comply with such provisions. 59
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Statement of Legislative Commissioners:
In Subsec. (a)(2), "upholstered furniture" was included in the definition
of "consumer product" and in Subsec. (a)(4), "upholstered furniture"
was changed to "consumer product" for accuracy and clarity.
PH Joint Favorable Subst.