New York is First State to Restrict Organohalogen Flame Retardants in Electronic Displays

Top Quote SGS explains New York State’s ground-breaking bipartisan bill restricting the use of flame retardants in furniture, mattresses and, for the first time in the US, electronic displays. End Quote
  • (1888PressRelease) January 22, 2022 - SGS, the world’s leading testing, inspection and certification company, reminds businesses operating in New York State that the governor, Kathy Hochul, has recently signed into law new requirement on the use of flame retardants in furniture, mattresses and electronic enclosures with displays.

    This ground-breaking bipartisan Bill (A5418B and companion bill S4630), is the first in the US to prohibit the entire group of organohalogen flame retardants in electronic enclosures, such as televisions. It amends Article 37 in the state’s Environmental Conservation Law and inserts Title X (10), to be called the ‘Family and Fire Fighter Protection Act’.

    Title X reads:


    The Act has several definitions of which stakeholders should be aware:
    • “Covered flame-retardant chemical” – any chemical that meets both of the following criteria:
    o Functional use to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire
    o One of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical
    • “Electronic enclosures with displays” – consumer product with a display screen and associated that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space

    Exemptions to the provisions in the Act relating to electronic displays include:
    • Screen areas of no more than 100 cm2
    • Projectors
    • Virtual reality headsets
    • All-in-one video conference systems
    • Displays that are integrated with appliances and are not available for purchase as separate products by end-users

    Stakeholders should be aware of the following dates:
    • December 31, 2022 – manufacturers of electronic displays sold in New York State must also submit an annual report identifying all flame retardants used in enclosures and their stands
    • January 1, 2024 (per section 37-1003) – “no person shall sell or offer for sale in the state of New York any new, not previously owned, upholstered furniture or mattress, that contains, or a constituent component of which contains, any intentionally added covered flame retardant chemical, individually or in combination.”
    • January 1, 2024 (per section 37-1007) – “no person shall sell or offer for sale in the state of New York any electronic display that contains an intentionally added organohalogen flame retardant chemical in the enclosure or stand of such electronic display.”

    Failure to conform to the provisions in sections 37-1003 and 37-1007 can result in a civil penalty not exceeding USD 1,000 for each day during which violation continues. The penalty will increase to USD 2,500 for each day because of a second violation.

    Stakeholders are advised now check their products conform to the latest flame retardant restrictions in New York State.

    SGS Chemical Testing
    SGS offers a comprehensive range of testing services to help manufacturers and suppliers ensure their products are safe and comply with national and international regulations concerning harmful chemicals. In the end, it’s only trusted because it’s tested.

    Learn more about SGS Chemical Testing Services.

    For further information contact:

    Sanjeev Gandhi
    Deputy Vice President
    Connectivity & Products
    Email: ( @ ) sgs dot com
    LinkedIn: sgs-consumer-goods-&-retail

    About SGS
    We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 93,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

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