Environmental Assessment

New York Flame Retardant Ban

On December 31st, 2021, the New York State governor approved bill S4630B to regulate and prohibit certain flame retardants in electronic displays, mattresses, and upholstered furniture.

In addition, on January 24th, 2022, the governor amended the flame retardant ban by signing bill S7737 which supplied further directives on selling products containing such chemicals.

What is a Flame Retardant? Why is there a Flame Retardant Ban?

Flame retardants or fire retardants are substances added to products to inhibit or resist the spread of a fire. However, certain types of flame retardant chemicals can cause adverse human effects such as hormonal disruptions and can be persistent in the environment. For instance, these can include organohalogens, nanoscale, organophosphates, or organonitrogens. Consequently, a flame retardant ban is necessary.

Halogenated flame retardants entail an added risk. Indeed, there is a likelihood that an EU regulation called Persistent Organic Pollutants (POP) may apply. POP chemicals are halogenated organic compounds or organohalogens. They are often persistent and bioaccumulative, which may cause health and environmental concerns such as:

  • Disrupting the endocrine, immune, or neural systems.
  • Contribute to reproductive issues, cancer, and mutations.

Therefore, selling products containing POP chemicals above a permitted threshold is prohibited. In truth, they may be at risk of being withdrawn from the EU market.

New York flame retardant ban

Details on the New York Flame Retardant Ban

In this table, you may find important information about bills S4630B and S7737:


Upholstered/Reupholstered Furniture and Mattresses

Electronic Displays (enclosures or stand)

Date of Effect

Prohibition:

December 1st, 2024

Prohibition:

December 1st, 2024

 

Reporting Obligation:

December 21st, 2022

Restricted Flame Retardants

  • Organohalogens
  • Organophosphates
  • Organonitrogens
  • Nanoscale

Organohalogens

Requirement

Prohibition:

  • The applicable flame retardants are intentionally added.

 

  • The individual or sum concentration is greater or equal to the level set by the Department of Environmental Conservation (DEC).

 

  • Custom upholstered furniture containing replacement components and intentionally added flame retardants are prohibited.

 

  • The individual or sum concentration is greater or equal to the level set by the DEC to repair, reupholster, recover or renew furniture products.

Prohibition:

  • The applicable flame retardants are intentionally added.


  • The individual or sum concentration is greater or equal to the level set by the DEC.

 

Reporting Obligation:

  • Unless the manufacturer/supplier submitted an annual report declaring all flame retardants used in a product’s enclosure or stand, there is a prohibition of sale.

Exemptions

Non-Applicable

  • All-in-one video conference systems.

 

  • Displays integrated with appliances that are non-available to be sold separately by end-users.

 

  • Displays with a screen bigger than 100 cm2 or 15.5 inches2.

 

  • Projectors and virtual reality headsets.

How is this Flame Retardant Ban Enforced? What are the Penalties?

Prop 65 Penalties

Naturally, those not following this New York ban on flame retardants are subject to civil penalties. Indeed, the following may occur:

  • A fine of up to $1,000 per day of violation for a first infringement.
  • A second violation could lead to a fine of up to $2,500 per day of the infraction.

How to Protect your Business from the Penalties of this Flame retardant Ban?

Consequently, to escape penalties, companies can undertake the following steps:

  1. Audit your supply chain to ensure that your product complies with the ban and other environmental regulations such as POP.
  2. Obtain confirmation of conformity from upstream suppliers. Feel free to use the Enviropass Product Environmental Compliance (EPEC) form.
  3. Record and maintain all relevant documentation.
  4. Do a risk assessment for missing information.
  5. Lab test if needed.
Ecodesign of Electronic Displays

Have more questions about this New York flame retardant ban? Contact Enviropass!