Chapter 090 |
2019 -- H 5119 Enacted 07/08/2019 |
A N A C T |
RELATING TO HEALTH AND SAFETY - UPHOLSTERED FURNITURE AND CHILD PRODUCTS SAFETY |
Introduced By: Representatives Morin, Phillips, Casey, Vella-Wilkinson, and O'Brien |
Date Introduced: January 11, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 23-26-3.1 of the General Laws in Chapter 23-26 entitled "Bedding |
and Upholstered Furniture" is hereby amended to read as follows: |
23-26-3.1. Sale prohibition. [Effective January 1, 2020.] |
(a) Beginning on July 1, 2019 January 1, 2020, no manufacturer, wholesaler, or retailer |
may manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential |
upholstered bedding or furniture, which that contains one hundred thousand parts per million |
(100 ppm) (1,000 ppm) or greater of any non-polymeric organohalogen flame retardant chemical. |
This class includes any chemical containing the element bromine or chlorine bonded to carbon |
that is added to a plastic, foam, fabric, or textile. |
(b) Internal electric and electronic components of residential upholstered furniture or |
bedding or residential furniture or bedding sold for use in commercial or public spaces are not |
subject to the restrictions in this section. |
(b)(c) A manufacturer of products that are banned from sale under this section must |
notify persons or entities that sell the manufactured products in this state about the provisions of |
this section no less than ninety (90) days prior to the effective date of the ban. |
(d) The prohibition and any related regulations shall not apply to products sold or in use |
prior to January 1, 2020. |
SECTION 2. Section 23-75-3 of the General Laws in Chapter 23-75 entitled "Children's |
Product Safety Act" is hereby amended to read as follows: |
23-75-3. Unsafe children's products -- Prohibition. [Effective January 1, 2020.] |
(a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, |
sublet, or otherwise place in the stream of commerce, on or after January 1, 2004, a children's |
product that is unsafe. |
(b) A children's product is deemed to be unsafe for purposes of this chapter if it meets |
any of the following criteria: |
(1) It does not conform to all federal laws and regulations setting forth standards for the |
children's product. |
(2) It has been recalled for any reason by an agency of the federal government or the |
product's manufacturer, distributor, or importer and the recall has not been rescinded. |
(3) An agency of the federal government has issued a warning that a specific product's |
intended use constitutes a safety hazard and the warning has not been rescinded. |
(c) A crib is presumed to be unsafe for purposes of this chapter if it does not conform to |
the standards endorsed or established by the Consumer Product Safety Commission, including, |
but not limited to, title 16 of the Code of Federal Regulations and the American Society for |
Testing and Materials, as follows: |
(1) 16 C.F.R. Part 1508 and any regulations adopted to amend or supplement the |
regulations. |
(2) 16 C.F.R. Part 1509 and any regulations adopted to amend or supplement the |
regulations. |
(3) 16 C.F.R. Part 1303 and any regulations adopted to amend or supplement the |
regulations. |
(4) The following standards and specifications of the American Society for Testing and |
Materials for corner posts of baby cribs and structural integrity of baby cribs: |
(i) ASTM F 966-90 (corner post standard). |
(ii) ASTM F 1169-88 (structural integrity of full-size baby cribs). |
(iii) ASTM F 1822-97 (non-full-size cribs). |
(d) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the |
following dangerous features or characteristics: |
(1) Corner posts that extend more than one-sixteenth (1/16) of an inch. |
(2) Spaces between side slats more than 2.375 inches. |
(3) Mattress support that can be easily dislodged from any point of the crib. A mattress |
segment can be easily dislodged if it cannot withstand at least a twenty-five-pound (25) upward |
force from underneath the crib. |
(4) Cutout designs on the end panels. |
(5) Rail height dimensions that do not conform to both of the following: |
(i) The height of the rail and end panel as measured from the top of the rail or panel in its |
lowest position to the top of the mattress support in its highest position is at least nine (9) inches. |
(ii) The height of the rail and end panel as measured from the top of the rail or panel in its |
highest position to the top of the mattress support in its lowest position is at least twenty-six (26) |
inches. |
(6) Any screws, bolts, or hardware that are loose and not secured. |
(7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and |
free from splinters, splits, or cracks. |
(8) Tears in mesh or fabric sides in a non-full-size crib. |
(9) A non-full-size crib that folds in a "V" shape design does not have top rails that |
automatically lock into place when the crib is fully set up. |
(10) The mattress pad in a non-full-size mesh/fabric crib exceeds one inch (1"). |
(e) Beginning on July 1, 2018 January 1, 2020, no manufacturer, wholesaler, or retailer |
may manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential |
upholstered bedding or furniture, which that contains one hundred thousand parts per million |
(100 ppm) (1,000 ppm), or greater of any non-polymeric organohalogen flame retardant |
chemical. This class includes any chemical containing the element bromine or chlorine bonded to |
carbon that is added to a plastic, foam, fabric, or textile. |
(f) Internal electric and electronic components of residential upholstered furniture or |
bedding or residential furniture or bedding sold for use in commercial or public spaces are not |
subject to the restrictions in this section. |
(f)(g) A manufacturer of products that are banned from sale under this section, must |
notify persons or entities that sell the manufactured products in this state about the provisions of |
this section no less than ninety (90) days prior to the effective date of the ban. |
(h) The prohibition and any related regulations shall not apply to products sold or in use |
prior to January 1, 2020. |
SECTION 3. This act shall take effect on January 1, 2020. |
======== |
LC000341 |
======== |