U.S. – Maine Passes Act Prohibiting Use of Flame-retardant Chemicals in Residential Upholstered Furniture

Vol. 988 | 20 Sep 2017

On August 2, 2017, the Maine state legislature voted to override the Governor’s veto and pass House Bill LD182 prohibiting the sale and distribution of residential upholstered furniture containing flame retardants.  By enacting this bill, Maine becomes first state to categorically ban the use of flame retardants in residential upholstered furniture.

Beginning January 1, 2019, the act prohibits sale of upholstered furniture that contains flame-retardant chemicals and mixtures including flame retardants above 0.1%.

Exemptions to the act are:

1. Used upholstered furniture
2. Upholstered furniture purchased for public use in public facilities that is required to meet the California TB133
3. New upholstered furniture otherwise subject to this prohibition that is sold, offered for sale or distributed for promotional purposes in the State by a retailer or wholesaler on or after January 1, 2019, but was imported into the State or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the State prior to January 1, 2019.

The act defines “flame-retardant chemical” to mean any chemical or chemical compound that inhibits the spread of fire; including, but not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound for which “flame retardant” appears on the substance safety data sheet. The act also defines the term “upholstered furniture” to restrict the scope of the law to the residential upholstered seating furniture intended for indoor use.

The act may be viewed at: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0138&item=9&snum=128

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, 630-209-9265) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, 312-906-7720).