U.S. – Nevada Approves Regulations Restricting PFAS and OFRs in Certain Consumer Products

Vol. 1252 | 16 Jun 2021

On May 27, 2021, Nevada Governor Sisolak signed amendments to Assembly Bill, AB97, restricting the presence of perfluoroalkyl substances (PFAS) and organohalogen flame retardants (OFRs) in a variety of consumer products. The Nevada bill seeks to reduce the exposure to both these classes of chemicals by:

• Prohibiting the use or release of class B firefighting foams containing added perfluoroalkyl and perfluoroalkyl substances for testing or firefighting training purposes.
• Restricting the use, manufacture, distribution and sale of children’s products, residential upholstered furniture, residential textiles, business textiles or mattress containing any organohalogenated flame-retardant chemical in any product component at amounts greater than 1,000 parts per million.

Following are the exemptions to the organohalogen flame retardants’ restriction:

• OFR chemical in a polymeric form or when it is intended to chemically react with the material it intends to protect by forming a polymer
• Any electronic components of a children’s product, mattress, upholstered residential furniture or residential textile or any associated casing
• Products covered by a federal or national flammability standard
• Thread or fiber for stitching mattress components together
• Components of an adult mattress other than foam
• Sale or offer for sale of pre-owned products containing OFRs
• If preempted by a federal rule

Key definitions in the Act are as follows:

• A “Child” is any person under 12 years of age.
• “Children’s product” means a product primarily designed or intended by a manufacturer to be used by or for a child.
  • Exceptions to the term are:
    • Food, beverages, dietary supplements, pharmaceutical products or biologic.
    • Children’s toys that meet the requirements of the most recent version of the ASTM International Standard F963 Toy Safety Standard.
    • Devices, as defined in the Federal Food, Drug and Cosmetic Act
    • Consumer electronics products and electronic components, including but not limited to personal computers, audio and video equipment, calculators, digital displays, wireless phones, cameras, game consoles, printers, handheld electronic and electrical devices used to access interactive software or associated peripherals, etc.
    • Outdoor sports equipment, including, without limitation, snowmobiles, all-terrain vehicles, personal watercraft, watercraft and off-highway vehicles, and all attachments and repair parts of such equipment or
    • Tents or sleeping bags.
• “Mattress” has the meaning ascribed to it in 16 C.F.R. § 1632.1.
• “Organohalogenated chemical” means any chemical that contains one or more carbon elements and one or more halogen elements, including, without limitation, fluorine, chlorine, bromine or iodine.
• “Residential textile” means a textile designed for residential use as a covering on windows or walls.
• “Upholstered residential furniture” means furniture with padding, coverings and cushions intended and sold for use in a residence.

The PFAS ban in class B firefighting foam is effective on January 1, 2022, and the restriction of organohalogen flame retardants is effective on July 1, 2022.

The text of the final Nevada bill AB 97, can be at: https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7397/Text

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265), Dr. Stella Li (xingyu.li@intertek.com, +1- 503-351-9612) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).