California AB 2998
California regulations
are changing again.
As you may know,
California Assembly Bill 2998 takes effect January 1, 2020 (respectively, the
“Bill” and “Effective Date”).
As of the Effective Date,
the Bill prohibits incorporating any product that contains a flame retardant
exceeding 1,000 ppm into “Specified Products.” “Specified Products” are defined
as
juvenile products, mattresses, and indoor upholstered
furniture
manufactured or sold within the State of California (“Specified
Products”).
Your Actions:
a.
If you don’t sell our products and/or
don’t reupholster within the State of California using our products, you don’t
have anything further to do. Enjoy your day.
b.
If you sell our products and/or
manufacture and/or reupholster within the State of California using our
products, but don’t deal with Specified Products, stop and enjoy your day.
c.
If you sell out products and/or
manufacture and/or reupholster within the State of California using our
products,
and deal with Specified Products, please continue
reading.
If you fall into category
(c):
§
Determine
if you purchase any of our products that include a flame retardant. The
following products are all
acceptable.
§
If
you purchase Affected Products and they will
not be incorporated
into Specified Products, stop and enjoy your day.
§
If
you purchase Affected Products and they
will be incorporated into
Specific Products, we cannot sell them to you as of the Effective Date (and you
cannot use or resell them within the State of California as of the Effective
Date). In addition, you should also consider the following alternatives:
o
Use a product without a flame retardant.
In many instances, following the State of California’s adoption of Technical
Bulletin 117-2013, flame retardancy is no longer a regulatory requirement for
Specified Products.
o
If you determine flame retardancy remains
a regulatory requirement for your Specified Products, we can formulate your
fabric differently such that is no subject to the Bill. This will take a little
time and will increase your price. Fortunately, you and your competitors are
subject to the same level playing field. If you are undercut, it suggests lack
of compliance and should give you a competitive advantage if you educate your
customers about the new requirement and solutions available from DLT Upholstery Supply.
Since the Bill is
complicated, we are attaching a copy of it along with “Frequently Asked
Questions” prepared by the State of California’s Bureau of Household Goods and
Services.
Should you have any
questions or concerns, please contact your local branch.
While we will endeavor to
help, please understand and accept you are solely responsible for your
compliance with applicable regulations and laws. We are not responsible for
your lack of compliance and failure to comply.
General
Information Regarding Flame Retardants
(as
of December 26, 2019)
It’s important to not
confuse Assembly Bill 2998 with Proposition-65.
Proposition-65 allows the
continued sale and use of products containing a flame retardant provided
disclosure and labeling regulations are followed.
Assembly Bill 2998
prohibits a flame retardant exceeding 1,000 ppm and the product is a “Specified
Product” or becomes part of a “Specified Product.” “Specified Products” are
defined within Assembly Bill 2998 and are currently juvenile products,
mattresses, and indoor furniture made, reupholstered, and/or sold within the
State of California.
1,000 ppm may sound like
a lot, but historically, fabrics needed chemical assistance to meet commonly
encountered flame code standards, such as NFPA 701, ASTM E84, WA-101, and
Section 13115 of the California Health and Safety Code, which led to higher
than 1,000 ppm levels in fabrics.
However, DLT Upholstery Supply offers products that meet the above standards and Assembly Bill 2998.
If you’d like to
understand options for your application, please contact us at (800) 458-3500 |