S T A T E O F N E W Y O R K
________________________________________________________________________
5418--B
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. ENGLEBRIGHT, EPSTEIN, GRIFFIN, SIMON, GOTTFRIED,
DICKENS, GALEF, OTIS, COLTON, THIELE, GONZALEZ-ROJAS, KELLES, McMAHON,
PAULIN, JACKSON, ABINANTI, SILLITTI, SEAWRIGHT, PERRY, BURDICK, FAHY,
RICHARDSON, GLICK, GALLAGHER, DINOWITZ, FERNANDEZ, HEVESI, FORREST,
STERN, STIRPE, STECK, McDONOUGH -- Multi-Sponsored by -- M. of A.
DiPIETRO -- read once and referred to the Committee on Environmental
Conservation -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the environmental conservation law, in relation to the
regulation of chemicals in upholstered furniture, mattresses and elec-
tronic enclosures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "family and fire fighter protection act".
§ 2. Article 37 of the environmental conservation law is amended by
adding a new title 10 to read as follows:
TITLE X
REGULATION OF CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES
AND ELECTRONIC ENCLOSURES
SECTION 37-1001. DEFINITIONS.
37-1003. FURNITURE AND MATTRESSES.
37-1005. EXEMPTIONS.
37-1007. ELECTRONIC DISPLAY.
37-1009. REPORTING.
37-1011. SEVERABILITY.
37-1013. REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06757-08-1
A. 5418--B 2
§ 37-1001. DEFINITIONS.
AS USED IN THIS TITLE:
1. "CONSUMER PRODUCT" MEANS ANY PRODUCT THAT IS REGULARLY USED OR
PURCHASED TO BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. CONSUM-
ER PRODUCT SHALL NOT MEAN: (A) A FOOD OR BEVERAGE OR AN ADDITIVE TO A
FOOD OR BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION; OR (B) A DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION.
2. "COVERED FLAME RETARDANT CHEMICAL" MEANS 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 CHEMICALS THAT RESIST OR INHIBIT THE
SPREAD OF FIRE; AND
(B) THE CHEMICAL IS ONE OF THE FOLLOWING: A HALOGENATED, ORGANOPHOS-
PHORUS, ORGANONITROGEN, OR NANOSCALE CHEMICAL. AS USED IN THIS TITLE:
(I) "HALOGENATED CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE OR MORE
HALOGEN ELEMENTS, INCLUDING FLUORINE, CHLORINE, BROMINE, OR IODINE.
(II) "ORGANOPHOSPHORUS CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE OR
MORE CARBON ELEMENTS AND ONE OR MORE PHOSPHORUS ELEMENTS.
(III) "ORGANONITROGEN CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE OR
MORE CARBON ELEMENTS AND ONE OR MORE NITROGEN ELEMENTS.
3. "CUSTOM UPHOLSTERER" MEANS A PERSON WHO, EITHER BY HIMSELF OR
HERSELF OR THROUGH EMPLOYEES OR AGENTS, REPAIRS, REUPHOLSTERS, RECOVERS,
RESTORES, OR RENEWS UPHOLSTERED FURNITURE, OR WHO MAKES TO ORDER AND
SPECIFICATION OF THE USER ANY ARTICLE OF UPHOLSTERED RESIDENTIAL FURNI-
TURE, USING EITHER NEW MATERIALS OR OWNER'S MATERIALS.
4. "ELECTRONIC DISPLAY" MEANS A CONSUMER PRODUCT WITH A DISPLAY SCREEN
AND ASSOCIATED ELECTRONICS THAT, AS ITS PRIMARY FUNCTION, DISPLAYS VISU-
AL INFORMATION FROM WIRED OR WIRELESS SOURCES AND IS AVAILABLE FOR
PURCHASE BY INDIVIDUALS OR HOUSEHOLDS FOR PERSONAL USE IN A RESIDENTIAL
SPACE. ELECTRONIC DISPLAY SHALL NOT INCLUDE: (A) ANY ELECTRONIC DISPLAY
WITH A SCREEN AREA SMALLER THAN OR EQUAL TO ONE HUNDRED SQUARE CENTIME-
TERS OR FIFTEEN AND ONE-HALF SQUARE INCHES; (B) PROJECTORS; (C) VIRTUAL
REALITY HEADSETS; (D) ALL-IN-ONE VIDEO CONFERENCE SYSTEMS; OR (E)
DISPLAYS THAT ARE INTEGRATED WITH APPLIANCES AND ARE NOT AVAILABLE FOR
PURCHASE AS SEPARATE PRODUCTS BY END-USERS.
5. "GEL FOAM MATTRESS" MEANS A MATTRESS IN WHICH INTERIOR FOAM LAYERS
ARE COMPOSED OF POLYURETHANE FOAM OR LATEX FOAM WHICH HAS A POLYURE-
THANE-BASED GEL MATERIAL EITHER MIXED WITH THE FOAM OR APPLIED TO THE
OUTER SURFACE OF POLYURETHANE OR LATEX FOAM, OR A MATTRESS IN WHICH THE
CORE OR PADDING LAYERS ARE COMPOSED SOLELY OF GEL MATERIAL.
6. "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTENTIONALLY
ADDED CHEMICAL" IN SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTI-
CLE.
7. "MATTRESS" MEANS A TICKING FILLED WITH A RESILIENT MATERIAL USED
ALONE OR IN COMBINATION WITH OTHER PRODUCTS INTENDED OR PROMOTED FOR
SLEEPING UPON.
8. "MEMORY FOAM MATTRESS" MEANS A MATTRESS WHICH CONTAINS INTERIOR
LAYERS OF FOAM COMPOSED OF VISCOELASTIC POLYURETHANE FOAM OR LOW-RESIS-
TANCE POLYURETHANE FOAM.
9. "ORGANOHALOGEN FLAME RETARDANT CHEMICAL" MEANS A CHEMICAL THAT
CONTAINS ONE OR MORE HALOGEN ELEMENTS, INCLUDING FLUORINE, CHLORINE,
BROMINE, OR IODINE, BONDED TO CARBON.
10. "REUPHOLSTERED FURNITURE" MEANS FURNITURE WHOSE ORIGINAL FABRIC,
PADDING, DECKING, BARRIER MATERIAL, FOAM, OR OTHER RESILIENT FILLING HAS
A. 5418--B 3
BEEN REPLACED BY A CUSTOM UPHOLSTERER, THAT HAS NOT BEEN SOLD SINCE THE
TIME OF THE REPLACEMENT.
11. "TICKING" MEANS THE OUTERMOST LAYER OF FABRIC OR RELATED MATERIAL
THAT ENCLOSES THE CORE AND UPHOLSTERY MATERIALS OF A MATTRESS OR
MATTRESS PAD. A MATTRESS TICKING MAY CONSIST OF SEVERAL LAYERS OF FABRIC
OR RELATED MATERIALS QUILTED TOGETHER.
12. "UPHOLSTERED FURNITURE" MEANS ANY ITEM OF FURNITURE, THAT
CONSISTS, IN WHOLE OR IN PART, OF LEATHER, PLASTIC, FABRIC OR OTHER
MATERIAL THAT CONTAINS COTTON, WOOL, POLYURETHANE OR OTHER NATURAL OR
SYNTHETIC MATERIAL THAT IS PLACED IN CUSHIONS OR ON THE FRAME OF THE
FURNITURE.
13. "UPHOLSTERED OR REUPHOLSTERED FURNITURE COMPONENT" MEANS THE SEPA-
RATE CONSTITUENT PARTS OF UPHOLSTERED FURNITURE, SPECIFICALLY COVER
FABRICS, BARRIER MATERIALS, RESILIENT FILLING MATERIALS, AND DECKING
MATERIALS.
§ 37-1003. FURNITURE AND MATTRESSES.
1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON SHALL
SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY NEW, NOT PREVIOUSLY
OWNED, UPHOLSTERED FURNITURE OR MATTRESS, THAT CONTAINS, OR A CONSTITU-
ENT COMPONENT OF WHICH CONTAINS, ANY INTENTIONALLY ADDED COVERED FLAME
RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.
2. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A CUSTOM UPHOL-
STERER IN THE STATE OF NEW YORK SHALL NOT REPAIR, REUPHOLSTER, RE-COVER,
RESTORE, OR RENEW UPHOLSTERED FURNITURE OR REUPHOLSTERED FURNITURE USING
REPLACEMENT COMPONENTS THAT CONTAIN ANY INTENTIONALLY ADDED COVERED
FLAME RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.
§ 37-1005. EXEMPTIONS.
THE PROHIBITIONS IN SECTION 37-1003 OF THIS TITLE SHALL NOT APPLY TO
THE FOLLOWING:
1. ELECTRONIC COMPONENTS OF MATTRESSES, REUPHOLSTERED FURNITURE, OR
UPHOLSTERED FURNITURE, OR ANY ASSOCIATED CASING FOR SUCH ELECTRONIC
COMPONENTS.
2. UPHOLSTERED OR REUPHOLSTERED FURNITURE COMPONENTS OTHER THAN THOSE
IDENTIFIED IN SUBDIVISION SEVEN OF SECTION 37-1001 OF THIS TITLE.
3. THREAD OR FIBER WHEN USED FOR STITCHING MATTRESS COMPONENTS TOGETH-
ER.
4. THE NATURAL FIBERS WOOL, SILK, AND OTHER ANIMAL FIBERS WHETHER USED
SINGLY OR IN COMBINATION WITH OTHER MATERIALS.
5. TEXTILES MADE USING MODACRYLIC FIBER COMPONENTS WITHOUT ANTIMONY
TRIOXIDE WHEN USED INTERNALLY AS A BARRIER MATERIAL IN A MEMORY FOAM OR
GEL FOAM MATTRESS OR ARAMID FIBERS WHEN USED IN THE FABRIC THAT COVERS
THE BOTTOM (NON-SLEEP SURFACE) OF A MATTRESS THAT HAS A SLEEPING SURFACE
ON ONLY ONE SIDE OF THE MATTRESS. THIS EXEMPTION SHALL EXPIRE ON JANUARY
FIRST, TWO THOUSAND TWENTY-SIX.
§ 37-1007. ELECTRONIC DISPLAY.
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON SHALL
SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY ELECTRONIC DISPLAY
THAT CONTAINS AN INTENTIONALLY ADDED ORGANOHALOGEN FLAME RETARDANT CHEM-
ICAL IN THE ENCLOSURE OR STAND OF SUCH ELECTRONIC DISPLAY.
§ 37-1009. REPORTING.
1. FOR THE PURPOSES OF THIS SECTION, "MANUFACTURER" SHALL MEAN A
PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY ASSEMBLES ELECTRONIC DISPLAYS
FOR SALE IN THE STATE; (B) MANUFACTURES ELECTRONIC DISPLAYS, UNDER ITS
OWN BRAND NAME OR UNDER ANY OTHER BRAND NAME, FOR SALE IN THE STATE; (C)
SELLS, UNDER ITS OWN BRAND NAME, ELECTRONIC DISPLAYS IN THE STATE; (D)
OWNS A BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON ELEC-
A. 5418--B 4
TRONIC DISPLAYS SOLD IN THE STATE; (E) IMPORTS ELECTRONIC DISPLAYS FOR
SALE IN THE STATE; OR (F) MANUFACTURES ELECTRONIC DISPLAYS FOR SALE IN
THE STATE WITHOUT AFFIXING A BRAND NAME.
2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, NO ELEC-
TRONIC DISPLAY SHALL BE SOLD IN THE STATE UNLESS THE MANUFACTURER HAS
SUBMITTED AN ANNUAL REPORT TO THE DEPARTMENT IDENTIFYING ALL OF THE
FLAME RETARDANTS USED IN THE ENCLOSURE OR STAND OF THE ELECTRONIC
DISPLAY IN A FORM DETERMINED BY THE DEPARTMENT.
§ 37-1011. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF
THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT
THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT
BEEN INCLUDED HEREIN.
§ 37-1013. REGULATIONS.
THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
§ 3. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTIONS 37-1003 AND 37-1007 OF THIS CHAPTER
OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE LIABLE
FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH
PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL
PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES.
§ 4. This act shall take effect immediately.