June 13, 2020 - The US state of Maryland has revised its flame-retardant law with a new definition for ‘childcare product’ and additional restrictions on the use of flame retardants in four categories of consumer good.
Under Health-General § 24-306, the definition of ‘childcare product’ now means a consumer product intended for use by a child under the age of three years, including baby products, toys, and car seats. It does not include products regulated under the newly created section § 24-306.1
The requirements in Health-General § 24-306 cover:
• Tris-(2-chloroethyl) phosphate (TCEP)
• Tris-(1,3-dichloro-2-propyl) phosphate (TDCPP)
These substances are restricted to no more than 0.1% per flame-retardant.
The Act (SB 477) also created a completely new section – Health-General §24-306.1 – which includes the following provisions:
• Flame retardants are restricted to no more than 0.1% in juvenile products, mattresses, upholstered furniture, and reupholstered furniture (‘regulated products’)
• Definitions for flame retardant chemicals provided for each of the ‘regulated products’
• Exemptions include:
o Electronic components or their casings in ‘regulated products’
o Components of upholstered or reupholstered furniture other than cover fabrics, barrier materials, resilient filling materials and decking materials
o Threads or fibers when used for stitching mattress components together
o Components of an adult mattress, other than foams
Under the terms of the Act, ‘juvenile product’ does not include:
• Products that are not primarily intended for use in the home, including motor vehicles, watercraft, aircraft, and other vehicles as well as their components
• Products regulated under 49 CFR 571 ‘Federal Motor Vehicle Safety Standards’
• Consumer electronic products
• Products regulated under (preceding) Health-General §24-306
The Act was enacted, without the governor’s signature, on May 8, 2020. It directs the Department of Health to adopt regulations for implementation by June 1, 2021.
In addition to TCEP and TDCPP, Maryland also regulates, to no more than 0.1%, the following flame retardants:
• Pentabrominated diphenyl ether (PentaBDE)
• Octabrominated diphenyl ether (OctaBDE)
• Decabrominated diphenyl ether (DecaBDE)
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