Georgia 2023-2024 Regular Session

Georgia House Bill HB803 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 52 0321
2	2	H. B. 803
3	3	- 1 -
4	4	House Bill 803
5	5	By: Representatives Schofield of the 63
6	6	rd
7	7	, Scott of the 76
8	8	th
9	9	, and Davis of the 87
10	10	th
11	11
12	12	A BILL TO BE ENTITLED
13	13	AN ACT
14	14	To amend Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to other
15	15	1
16	16	safety inspections and regulations, so as to prohibit the use of certain chemical flame2
17	17	retardants; to provide for procedures, conditions, and limitations; to provide for a short title;3
18	18	to provide for related matters; to repeal conflicting laws; and for other purposes.4
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
20	20	SECTION 1.6
21	21	This Act shall be known and may be cited as the "Safer States Act."7
22	22	SECTION 2.8
23	23	Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to other safety9
24	24	inspections and regulations, is amended by adding a new article to read as follows:10
25	25	"ARTICLE 6
26	26	11
27	27	25-15-115.12
28	28	(a) As used in this Code section, the term:13 23 LC 52 0321
29	29	H. B. 803
30	30	- 2 -
31	31	(1) 'Bedding' means any residential or commercial bedding material, including, but not14
32	32	limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter,15
33	33	duvet cover, sleeping bag, or any other stuffed item intended to be used for reclining or16
34	34	sleeping.17
35	35	(2) 'Carpeting' means a residential or commercial fabric floor covering, including carpet18
36	36	padding.19
37	37	(3) 'Children's product' means a consumer product intended, made, or marketed for use20
38	38	by children up to 12 years old. For the purposes of this Code section, the term shall not21
39	39	include:22
40	40	(A) Batteries;23
41	41	(B) Inaccessible components of a consumer product that, during a reasonably24
42	42	foreseeable use and abuse of the children's product, would not come into direct contact25
43	43	with a child's skin or mouth; and26
44	44	(C) Consumer electronic and electrical products, including, but not limited to, personal27
45	45	computers, audio and video equipment, calculators, wireless telephones, game consoles,28
46	46	power cords, electric chargers, and hand-held devices incorporating a video screen used29
47	47	to access interactive software and associated peripherals.30
48	48	(4) 'Covered product' means bedding, carpeting, children's product, residential31
49	49	upholstered furniture, or window treatment.32
50	50	(5) 'Engineered nanoobject' means a material with 1, 2, or 3 external dimensions in the33
51	51	nanoscale.34
52	52	(6) 'Manufacturer' means a person or entity that produces, imports, or distributes covered35
53	53	products.36
54	54	(7) 'Nanoscale' means a size range from approximately 1 nanometer to 100 nanometers.37
55	55	(8) 'Office' means the office of Safety Fire Commissioner.38
56	56	(9) 'Residential upholstered furniture' means seating or other upholstered products39
57	57	intended for indoor or outdoor use in or at a home or other dwelling intended for40 23 LC 52 0321
58	58	H. B. 803
59	59	- 3 -
60	60	residential occupancy that consists in whole or in part of resilient cushioning materials41
61	61	enclosed within a covering consisting of fabric or other textile. For the purposes of this42
62	62	Code section, the term shall not include furniture for which the core functionality depends43
63	63	upon the utilization of electric or electronic components subject to various underwriters44
64	64	laboratories other comparable flammability standards, including, but not limited to,45
65	65	massage chairs, assisted lift chairs, and home theater seating.46
66	66	(10) 'Retailer' means a person or entity that offers a product for sale at retail through any47
67	67	means, including, but not limited to, remote offerings such as sales outlets, catalogs, or48
68	68	the internet but shall not include a sale that is a wholesale transaction with a distributor49
69	69	or a retailer.50
70	70	(11) 'Window treatment' means residential or commercial curtain materials, blinds, or51
71	71	shades.52
72	72	(b) A manufacturer or retailer shall not sell, offer, or manufacture for sale, distribute in53
73	73	commerce, or import into the state a covered product, except for inventory manufactured54
74	74	prior to January 1, 2024, that contains any of the following chemical flame retardants or55
75	75	a chemical analogue the total weight of which exceeds 1,000 parts per million for any56
76	76	component part of the covered product:57
77	77	(1) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abstracts Service number58
78	78	13674–87–8);59
79	79	(2) Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number60
80	80	115–1496–8);61
81	81	(3) Antimony trioxide (Chemical Abstracts Service number 1309–64–4);62
82	82	(4) Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number63
83	83	25637–99–4);64
84	84	(5) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (Chemical Abstracts Service65
85	85	number 26040–51–7);66 23 LC 52 0321
86	86	H. B. 803
87	87	- 4 -
88	88	(6) 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service67
89	89	number 183658– 27–7);68
90	90	(7) Chlorinated paraffins (Chemical Abstracts Service number 85535–84–8);69
91	91	(8) Tris(1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number70
92	92	13674–84–5);71
93	93	(9) pentaBDE (Chemical Abstracts Service number 32534–81–9);72
94	94	(10) octaBDE (Chemical Abstracts Service number 32536–52–0);73
95	95	(11) Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79–94–7);74
96	96	or75
97	97	(12) Any other chemical flame retardants specified by the office pursuant to76
98	98	subsection (c) of this Code section.77
99	99	(c) Every three years the office shall review, identify, and recommend other chemical78
100	100	flame retardants that should be prohibited under subsection (b) of this Code section;79
101	101	provided, however, that the office shall demonstrate that the chemical flame retardant is80
102	102	known to:81
103	103	(1) Harm the normal development of a fetus or child or cause other developmental82
104	104	toxicity;83
105	105	(2) Cause cancer, genetic damage, or reproductive harm;84
106	106	(3) Disrupt the endocrine system;85
107	107	(4) Damage the nervous system, immune system, or an organ, or cause other systemic86
108	108	toxicity; or87
109	109	(5) Is found to be persistent, bioaccumulative, and toxic.88
110	110	If the office determines that a chemical flame retardant meets the conditions of this89
111	111	subsection, it shall promulgate rules to restrict the manufacture, sale, distribution in90
112	112	commerce, or importation of any children's product or residential upholstered furniture91
113	113	containing the chemical flame retardant within nine months after making such92
114	114	determination. A manufacturer or retailer shall not sell, offer or manufacture for sale,93 23 LC 52 0321
115	115	H. B. 803
116	116	- 5 -
117	117	distribute in commerce, or import into the state any covered product, except for inventory94
118	118	manufactured prior to the effective date of the rule, that contains the chemical flame95
119	119	retardant in a total weight that exceeds 1,000 parts per million for any component part of96
120	120	the covered product; provided, however, that if the chemical flame retardant is an97
121	121	engineered nanoobject, a manufacturer or retailer shall not sell, offer or manufacture for98
122	122	sale, distribute in commerce, or import into the state any covered product, except for99
123	123	inventory manufactured prior to the effective date of the rule, that contains the chemical100
124	124	flame retardant in any amount.101
125	125	(d) This Code section shall not apply to:102
126	126	(1) Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles,103
127	127	or any component parts; or104
128	128	(2) The sale or purchase of any previously owned product containing a chemical flame105
129	129	retardant prohibited under this Code section.106
130	130	(e) A manufacturer of a covered product that contains a chemical flame retardant107
131	131	prohibited by this Code section shall provide notice to retailers and other persons that sell108
132	132	covered products in this state of the presence of such chemical flame retardant on or before109
133	133	January 1, 2024.110
134	134	(f) Subsections (a) through (c) of this Code section shall not apply to the sale, purchase,111
135	135	lease, distribution, or use of any covered product manufactured before January 1, 2024, or112
136	136	any covered product that contains chemicals prohibited under this Code section due to the113
137	137	presence of recycled materials used during the manufacture of the product covered.114
138	138	(g) A manufacturer or retailer that violates the provisions of subsection (b) of this Code115
139	139	section shall be subject to the following civil penalties:116
140	140	(1) For the first violation, a fine of not more than $100.00 per covered product, not to117
141	141	exceed a total of $5,000.00;118
142	142	(2) For the second violation, a fine of not more than $250.00 per covered product, not119
143	143	to exceed a total of $25,000.00; and120 23 LC 52 0321
144	144	H. B. 803
145	145	- 6 -
146	146	(3) For the third or subsequent violation, a fine of not more than $1,000.00 per covered121
147	147	product, not to exceed a total of $50,000.00.122
148	148	For purposes of calculating a penalty under this subsection, a collection of covered123
149	149	products that are sold as a set shall constitute one covered product. A manufacturer or124
150	150	retailer that knowingly violates this Code section shall be subject to a civil penalty equal125
151	151	to three times the amount of the fine imposed for such violation pursuant to this subsection.126
152	152	(h) A civil penalty for a violation of this Code section imposed pursuant to subsection (g)127
153	153	of this Code section shall be waived by the office if the office determines that a128
154	154	manufacturer or retailer acted in good faith to be in compliance with this Code section,129
155	155	pursued compliance with due diligence, and promptly corrected any noncompliance after130
156	156	discovery of the violation.131
157	157	(i) The office may promulgate such rules and regulations necessary to implement this132
158	158	Code section."133
159	159	SECTION 3.134
160	160	All laws and parts of laws in conflict with this Act are repealed.135