Nevada Prohibits Organohalogenated Flame Retardant in Certain Consumer Products

Jun. 24 2021

Nevada has enacted a law AB 97 that prohibits the manufacture, sale or distribution of a children’s product, upholstered residential furniture, residential textile, business textile or mattress that contains more than 1,000 ppm organohalogenated flame retardant chemicals in any product component. This state law is effective from July 1, 2022.

Scope of products included under this state law are as follows:

Children’s product, a consumer product intended made or marketed for use by children under 12 years of age.
o Children’s product does not include:
• Food, beverage, dietary supplement, pharmaceutical product or biologic
• Children’s toy that meets the requirements of ASTM F963
• A device under the Federal Food, Drug and Cosmetic Act
• Consumer electronics and electronic components that comply with EU RoHS Directive
• A tent or sleeping bag
• Outdoor sports equipment, including snowmobiles, ATV, personal watercraft, watercraft and off highway vehicles and all attachments and parts

Mattress as defined in 16 CFR 1632.1.

Business textile: “textile designed for use in a business or commercial setting as a covering on windows or walls”.
• Residential textile: “textile designed for residential use as a covering on windows or walls”.

Upholstered residential furniture: “furniture with padding, coverings and cushions intended and sold for use in a residence”

The law specifically does not apply:
• An electronic component of a children’s product, mattress, upholstered residential furniture or residential textile or any associated casing.
• A children’s product, mattress, upholstered residential furniture or residential textile in which there is a federal flammability standard.
• Thread of fiber for stitching mattress components together
• Components of an adult mattress other than foam
• Second hand products
• Preemption by another federal law

To view the law: https://www.leg.state.nv.us/Session/81st2021/Bills/AB/AB97_EN.pdf

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