On August 4, 2022, the Delaware State Governor signed HB 77 into law to restrict flame retardants (FR) in several categories of consumer product.

Highlights of the new law are summarized in following table:

The above prohibitions shall not apply to the following:

• Used upholstered furniture.

• Used mattresses.

• Upholstered and reupholstered furniture purchased for public use in public facilities.

• Thread or fiber when used for stitching mattress components together.

• Used children’s products or children’s products that are used in products or components as follows:

a) Are not primarily intended for use in the home, such as for motor vehicles, watercraft, aircraft, or other vehicles.

b) Are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft.

• Components of an adult mattress other than foam.

• Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components.

• A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following:

a) A location under the same ownership as the warehouse or distribution center.

b) A person acquiring the product for resale in another state.

The above prohibitions also shall not apply to mattresses or upholstered furniture that can be sold or distributed in commerce in California.

Definitions:

• “Children’s product” means product designed for residential use by infants and children under 12 years old. “Children’s product” includes a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

• “Upholstered furniture” means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

• “Mattress” means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. “Mattress” includes adult mattresses, youth mattresses, crib mattresses including portable crib mattresses, bunk bed mattresses, futons, water beds and air mattresses which contain upholstery material between the ticking and the mattress core, and any detachable mattresses used in any item of upholstered furniture such as convertible sofa bed mattresses, corner group mattresses, day bed mattresses, roll-a-way bed mattresses, high risers, and trundle bed mattresses as defined and not excluded under 16 C.F.R § 1632.1.

• “Organohalogen” means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

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