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US Alaska Anchorage Approved Restricting Flame Retardants in Certain Consumer Products

The Municipality of Anchorage of Alaska has approved an ordinance AO No. 2019-15(S) to restrict flame retardants in some consumer products. The restrictions shall apply from 1 January 2020.
After 1 January 2020, no person shall manufacture, sell, offer for sale, or distribute within the municipality any covered product that contains, or a constituent component of which contains, a restricted flame retardant chemical at levels above 1000 ppm.

Covered products:

The ordinance shall apply to:
a) Upholstered and reupholstered furniture
b) Juvenile products
c) Any component (internal or external) of the above products has been made with or contains a flame retardant chemical
Covered products do not include:
a) Used or second-hand furniture that is not reupholstered
b) Used or second-hand juvenile products
c) Products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles
d) Child restraint systems, as regulated under 49 CFR Part 571; or
e) The following electronics:

    * Electronic products

    * Electronic components of upholstered furniture, reupholstered furniture, or juvenile products

    * Any associated casing for those electronic products

Moreover, the restrictions shall not apply to:

a) The sale, offer for sale, or distribution of a covered product by a retailer who purchased or acquired the product before 1 January 2020
b) Any transactional activity involving a covered product that occurs subsequent to the first sale at retail
c) A person granted a waiver from compliance with the ordinance by the department

Restricted flame retardants

The restricted flame retardants include, but not limited to any chemical that meets both of the following criteria:
a) A functional use for the chemical is to resist or inhibit the spread of fire, or as a synergist to such chemicals, including, but not limited to, any chemical for which the term “flame retardant,” or a synonymous term, appears on the Occupational Safety and Health Administration substance safety data sheet pursuant to subdivision (g) of Section 1910.1200 of Title 29 of the Code of Federal Regulations.
b) The chemical is one of the following:
    * Halogenated, organophosphorus, organonitrogen, or nanoscale flame retardant chemicals
    * Penta or octa mixtures of polybrominated diphenyl ethers, deca mixture of polybrominated diphenyl ethers(PBDEs), or decabromodiphenyl ether(chemical abstracts service number 1163-19-5)
    * Antimony (chemical abstracts service number 7440-36-0)
    * Chemicals defined as “designated chemicals” under Section 105440 of the California Health and Safety Code
    * Chemicals listed on the Washington State Department of Ecology's list of Chemicals of High Concern to Children in Section 173-334-130 of Title 173 of the Washington Administrative Code, and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list.

Labelling

Upholstered or reupholstered furniture that is sold, offered for sale, or distributed in the municipality and which would be required to have a label under the California Business & Professions Code § 19094 shall place on a label affixed to the product the same statement as required by the state of California.

Note:

1.“Juvenile product” means a new, not a previously owned, product designed for residential use by infants and children under 12 years of age, including but not limited to a bassinet, booster seat, changing pad, floor play mat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, portable hook-on chair, stroller, and children's nap mat. Juvenile product does not include child or infant restraint systems, toys, or clothing.
2.“Upholstered furniture” means new, not previously owned furniture, including mattresses, box springs and other foundational bedding made with soft materials including but not limited to fabric, padding, decking, barrier material, foam, and/or other resilient filling.
Restricted Substances Testing
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