On August 4, 022, the governor of Delaware signed HB77 into law to restrict the use of flame retardants in certain consumer products.

Effective July 1, 2023, no one may manufacture, sell, offer for sale or distribute upholstered furniture and children’s products if the fabrics, fences or decorative materials, coverings or cushioning materials in upholstered furniture and children’s products contain one or more of the following flame retardants exceed 0.1%:

Starting July 1, 2023, no one is allowed to manufacture, sell, offer for sale or distribute mattresses containing more than 0.1% of one or more halogen flame retardants.

The above ban shall not apply to:

Used upholstered furniture.

Used mattress.

Cushioned and reupholstered furniture for public use in public facilities.

The thread or fiber used to sew the mattress components together;

Used children’s products or children’s products used in products or components if:

1)Products that are not primarily used in the home, such as motor vehicles, boats, aircraft or other means of transportation.

2) Parts and products used in vehicles and aircraft covered by 49C.F.R. 571.

Adult mattress components other than foam.

Electronic components of children’s products, mattresses, or upholstered furniture, or associated casings of electronic components.

Products transferred to vehicles at warehouses or distribution centers for use in moving from another state to:

1)A place with the same ownership as a warehouse or distribution center.

2)Someone who obtains the product and resells it in another state

The ban should also not apply to mattresses or upholstered furniture that can be sold or distributed commercially in California.

Definition:

“Children’s products” refer to products designed for residential use by infants and children under the age of 12 and include cradles, booster seats, dressing mats, floor play mats, high chair mats, baby rocking chairs, baby carriers, baby swings, baby walkers, nursing pillows, playpen side pads, playbeds, portable hook chairs, baby carriages, mattresses and children’s nap mats.

“Softened furniture” means residential furniture used in family indoor residences or other residences that contains, in whole or in part, an elastic cushioned material wrapped under a covering of cloth or other material.

“Mattress” means a fabric filled with elastic material, used alone or in combination with other products used for sleeping. 8221; Mattresses include adult mattresses, youth mattresses, crib mattresses (including portable crib mattresses), bunk bed mattresses, futons, waterbeds and air mattresses as defined and not excluded in 16C.F.R§1632.1, with filler material contained between the fabric and the mattress core, as well as removable mattresses for any upholstered furniture item, such as convertible sofa bed mattresses, corner sofa bed mattresses, day bed mattresses, rolling bed mattresses, single and double mobile beds, low beds with casters.

“Organic halogen flame retardant” refers to a class of chemical substances that contain one or more halogen elements bonded to carbon.