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.

Aptitude

Clarke

Kimono

Promise

Stratosphere

Vibe

Aurora

Classic

Morris

Reflex

Tolkien

Vintage

Avenue

Eliot

Muse

Salinger

Tolstoy

Walsh

Avery

Glaze

Orwell

San Remo

Trexx

Whisper

Beckett

Guardian

Partiot Plus

Savoy II

Trinity

Wilde

Burke

Hemingway

Pathfinder

Seduction

Twain

Wish

Canyon

Hitch

Persuasion

Shagreen

Twist

Wonder

Capote

Huxley

Phoenix

Silvertex

Verve II


§ 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