Flame Retardant Chemicals in Upholstered Furniture, Mattresses, and Electronic Enclosures
Program Policy on Process for Annual Reporting of Flame Retardants in Electronic Displays
Between November 1 and December 31, of each year, manufacturers of electronic displays who sell their products in the State are required to report the presence of organohalogen flame retardants in the enclosures or stands of their electronic displays to the DEC.
DEC has published a Program Policy, DMM-6, that establishes the process for manufacturers to submit a report. The policy and instructions for completing the Annual Report may be downloaded (PDF). The data sheet may be downloaded (MS Excel Spreadsheet).
A manufacturer may submit its annual report electronically (preferred method) or via hard copy to:
Division of Materials Management, Pollution Prevention Unit
NYS Department of Environmental Conservation
625 Broadway, 9th Floor
Albany, NY 12233-7253
Please note that a manufacturer of an electronic display that does not contain organohalogen flame retardant chemicals in the enclosure or stand does not need to submit a report for that display. However, manufacturers are encouraged to share information with retailers regarding their compliance with this reporting requirement and whether or not they use flame retardants in their electronic displays that they sell in New York.
Additionally, please note that manufacturers of upholstered furniture and mattresses and custom upholsterers are not subject to this reporting requirement.
Background
Flame retardants are a class of chemicals added to furniture, mattresses, electronics, and other products that are intended to help prevent the start of fire or slow the spread of fire. However, many flame retardants are associated with adverse health effects in animals and humans, with children being particularly susceptible. Flame retardant chemicals are also difficult to break down, meaning they can remain persistent in the environment or a home for years.
To address these concerns, New York State enacted the Family and Fire Fighter Protection Act on December 31, 2021. The Act adds a new Title 10 to Article 37 of the Environmental Conservation Law (ECL), Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures, which prohibits the use of certain flame retardant chemicals in these products and requires annual reporting for organohalogen flame retardants used in electronic display stands and enclosures, as described below.
Products and Chemicals Covered by the Law
The law applies to "covered flame retardant chemicals" in upholstered furniture and mattresses, which are chemicals in which a functional use for the chemical is to resist or inhibit the spread of fire and is one of the following types of flame retardant chemicals:
halogenated;
organophosphorus;
organonitrogen; and
nanoscale flame retardants.
The law also applies to "organohalogen flame retardant chemicals" in the stands and enclosures of electronic displays. Definitions for each product category and the chemicals covered by the law can be found in Article 37, Title 10 of the ECL.
Flame Retardant Chemical Restrictions
Effective December 1, 2024, the sale or offering for sale of new, not previously owned, upholstered furniture or mattresses containing the covered flame retardant chemicals identified in ECL 37-1001, subdivision 2, that are intentionally added, will be prohibited in New York State.
Effective December 1, 2025, custom upholsterers in New York State cannot repair, reupholster, re-cover, restore, or renew upholstered furniture or reupholstered furniture using replacement components with the covered flame retardant chemicals identified in ECL 37-1001, subdivision 2, that are at or above levels set by the Department in regulation or intentionally added.
Effective December 1, 2024, the sale or offering for sale of any electronic displays containing organohalogen flame retardant chemicals in the enclosure or stand that are intentionally added, will be prohibited in New York State.
The law does not apply to the sale of used furniture or mattresses. DEC will develop additional details on the implementation of the flame retardant chemical restrictions and will share that information with affected stakeholders.
Ensuring compliance with the law
Because the Department has not yet established restriction levels for flame retardant chemicals in regulation, the statutory prohibitions which are effective on December 1, 2024 will apply to the sale or offering for sale of new, not previously owned, upholstered furniture or mattresses, or any electronic displays that contain intentionally added flame retardant chemicals.
The best source of information on whether upholstered furniture, mattresses or electronic displays contain intentionally added flame retardants is likely to be the manufacturer or supplier of these items. To ensure compliance with the law when the prohibition takes effect on December 1, 2024, DEC recommends that anyone selling or offering for sale new, not previously owned upholstered furniture or mattresses, or any electronic displays consult with the manufacturer or supplier as soon as possible to confirm that flame retardant chemicals subject to the law are not intentionally added to the product.
Compliance Certification
A compliance certification is a written statement of a manufacturer of a covered product to assure the covered product complies with the law.
Persons selling these items are encouraged to obtain compliance certifications from their suppliers to demonstrate that their products are compliant with the requirements of Title 10 of ECL Article 37. The compliance certification must state that the specified products comply with Title 10 of ECL Article 37 and must be signed by an authorized official of the manufacturer.
Compliance certifications should be maintained on-site where covered products are being sold or offered for sale. Certifications do not need to be submitted to the DEC unless requested, and may be submitted either as a hard copy or digital file submitted within a reasonable time period. Further, a certification may cover multiple products that are sold or offered for sale by an individual manufacturer.
