Revision: Nov. 7, 2017, 1:50 p.m.
HB 1214 - AS INTRODUCED
2018 SESSION
18-2031
05/04
HOUSE BILL HB 1214
AN ACT prohibiting the sale of certain furniture with flame retardant chemicals.
SPONSORS: Rep. Chandler, Carr. 1; Rep. Goley, Hills. 8; Rep. Messmer, Rock. 24; Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14; Sen. Watters, Dist 4
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill prohibits the sale and distribution of new upholstered furniture for residential purposes if it contains certain flame retardant chemicals.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2031
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT prohibiting the sale of certain furniture with flame retardant chemicals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Regulating the Sale of Certain Furniture with Flame Retardant Chemicals. Amend RSA by inserting after chapter 359-P the following new chapter:
CHAPTER 359-Q
REGULATING THE SALE OF CERTAIN FURNITURE WITH FLAME RETARDANT CHEMICALS
359-Q:1 Definitions. In this chapter:
I. "Flame-retardant chemical" means a chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. "Flame-retardant chemical" includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound for which "flame retardant" appears on the substance safety data sheet required under 29 C.F.R. section 1910.1200(g).
II. "Upholstered furniture" means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.
359-Q:2 Beginning January 1, 2019, a person shall not sell, offer to sell, or distribute for promotional purposes, upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1 percent of a flame-retardant chemical or more than 0.1 percent of a mixture that includes flame-retardant chemicals.
359-Q:3 Exemptions. The prohibition in RSA 359-Q:2 shall not apply to the following upholstered furniture products containing flame-retardant chemicals:
I. Used upholstered furniture.
II. Upholstered furniture purchased for public use in public facilities, including, but not limited to, schools, jails, and hospitals, that is required by the state of California to meet the flammability standard in California Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133, "Flammability Test Procedure for Seating Furniture for Use in Public Occupancies," dated January 1991.
III. New upholstered furniture otherwise subject to the prohibition in RSA 359-Q:2 that is sold, offered for sale, or distributed for promotional purposes in the state by a retailer or wholesaler on or after January 1, 2019 and that was imported into the state or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the state prior to January 1, 2019.
2 Effective Date. This act shall take effect January 1, 2019.