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