This document provides an overview of textiles compliance and labeling requirements globally. It discusses regulations for care instructions, fiber content, fur/faux fur, leather/faux leather, footwear, general product labeling, country of origin, manufacturer/importer identity, stuffed/upholstered articles, infants/children's products, chemical restrictions and more. It also summarizes recent reforms to the Toxic Substances Control Act in the United States.

1. Textiles compliance
Beyond the label
Presented by Stacey Bowers, MILS
23 August 2016
1

2. What do we mean by ‘textiles’?
• Apparel
• Sleepwear
• Accessories (belts, bags, etc.)
• Footwear
• Wearables
• Carpets and rugs
• Home textiles (bedding,
towels, sleeping bags, etc.)
• Mattresses and mattress pads
• Tents
• Umbrellas
• Upholstered furniture and
furnishings (cushions,
pillows, chairs, sofas, etc.)
Notes:
1) These products are often referred to as “softlines”
2) Any/ all textiles categories may be for adults or children
2

3. Care instructions
• Care instructions are often a deciding factor when consumers shop
for clothing.
• In the US, manufacturers and importers must:
– Provide complete instructions about regular care for the garment, or
provide warnings if the garment cannot be cleaned without harm
– Ensure that, if followed, care labeling instructions will cause no
substantial harm to the product and
– Warn consumers about certain procedures that would harm the product.
• Surprisingly, many countries, like Canada and most EU Member
States, do not require care instructions.
3

4. Care instructions
• Care instructions typically include the
following elements:
– Washing by hand or machine;
– Bleaching;
– Drying;
– Ironing;
– Warnings and
– Dry cleaning.
• Care instructions may be indicated by symbols, words or both.
– The care symbols of ISO 3758 are in wide use globally.
4

5. Fiber identity & content labeling
• In most countries, apparel and home textiles must bear fiber identity
and content disclosures.
• Fiber identity and content labeling typically includes:
– Percentage of each fiber, by weight, listed in descending order of
predominance by weight and
– Generic fiber names.
45% Acrylic / 30% Wool / 25% Nylon
• Exemptions exist for trimmings, ornamentation and linings and
interlinings.
5

6. Fur & faux fur disclosure
• The US approach to fur and faux fur tends to be most stringent
globally.
• On the federal level, “fur products,” defined as “garments made
either entirely or partly with fur," must be labeled with:
– The animal name, according to a name guide contained in the rules;
– The name or RN of the manufacturer, importer, seller, marketer or
distributor;
– The country of origin for imported fur;
– If the fur is pointed, dyed, bleached or artificially colored;
– If the fur product is composed in whole or substantial part of pieces like
paws, tails, bellies, gills, ears, throats, heads, scraps or waste fur;
– If the fur is used or damaged and
– The textile or wool content of any part of the product.
6

7. Fur & faux fur disclosure
• New York State requires:
– Apparel containing fur and/ or faux fur to bear a label to ensure that
consumers know the true nature of apparel they purchase and
– Any product made of a textile resembling fur to be free of deceptive
labeling that suggests animal name, geographic region, trademarked or
coined names implying an animal.
• Note on dog and cat fur:
– The states of California, Delaware and NY have enacted laws
prohibiting the use of cat and dog fur in consumer products.
– Other jurisdictions have enacted similar laws, such as the EU.
7

8. Leather & faux leather disclosure
• The US FTC's Leather Guides are designed to help consumers to
understand, if it looks like leather, is it really leather?
• It is unfair or deceptive to misrepresent, directly or by implication,
any material aspect of an industry product, including:
8
• Kind,
• Grade,
• Quality,
• Quantity,
• Material content,
• Thickness,
• Finish,
• Serviceability,
• Durability,
• Price,
• Origin,
• Size,
• Weight,
• Ease of cleaning,
• Construction,
• Manufacture,
• Processing or
• Distribution.

9. Leather & faux leather disclosure
• The US requires leather and faux leather disclosures
to appear in the form of:
– A stamping on the product, or
– On a tag, label or card attached to the product
and should be affixed so as to remain on or
attached to the product until received by the
consumer.
• These disclosures should also appear in all
advertising of such products, irrespective of
the media used.
9

10. Footwear labeling
• In the EU, footwear labeling requires information
relating to the three parts of the footwear:
– The upper;
– The lining and sock and
– The outersole.
• Information may be indicated using
pictograms or writing.
• Importantly, the US does not require such labeling.
10

11. General product labeling
• In most countries, general product labeling typically includes:
– Country of origin;
– Manufacturer/ importer identity;
– Net quantity/ size;
– Product identity and
– Warnings, as applicable.
• With regard to textile products, the following are subject to general
product labeling:
– Apparel and sleepwear sold in packages;
– Footwear and
– Accessories, like belts, gloves and handbags.
11

12. Country of origin
• Notes on country of origin:
– The EU does not require CoO, nor do many Member States.
– In the US, textile, fur and wool products must be labeled to show CoO:
• Imported products must identify the country where the products were
processed or manufactured;
• Products made entirely in the US of materials also made in the US must be
labeled “Made in U.S.A.” or an equivalent phrase;
• Products made in the US of imported materials must be labeled to show
the processing or manufacturing that takes place in the US, as well as the
imported component and
• Products manufactured partly in the US and partly abroad must identify
both aspects.
12

13. Manufacturer/ importer identity
• Notes on manufacturer/ importer identity:
– In the US, the FTC requires textile, fur and wool products to be labeled
with either the company name or the Registered Identification Number
(RN) of the manufacturer, importer or other firm marketing, distributing
or otherwise handling the product.
• An RN is issued and registered by the FTC and may be issued to any firm
in the US that manufactures, imports, markets, distributes or otherwise
handles textile, fur or wool products.
• RNs are not issued to businesses outside of the US.
– In Canada, a similar scheme exists, whereby Canadian manufacturers,
processors and/ or finishers of textile products may register for a CA
Identification Number or CA Number with the Competition Bureau.
13

14. Stuffed & upholstered labeling
• The Canadian provinces of Manitoba, Ontario and Quebec require
stuffed and upholstered articles to bear labeling:
– Under the heading of “Content,” the generic names of all stuffing
materials (or the three main materials in Manitoba) used must be listed
in order of predominance, by volume, not by percentage.
– These requirements apply to products such as: Toys, sporting goods,
pet items, furniture, mattresses, down-filled apparel, bedding items,
handbags, luggage and seasonal ornaments.
14

15. Stuffed & upholstered labeling
• Thirty-one states, including California,
Massachusetts, New York, Ohio and
Pennsylvania, require labeling of bedding
and upholstered furniture:
– The laws apply to articles of bedding,
upholstered furniture and other articles
containing hidden materials for sleeping,
sitting, resting or reclining purposes,
including cushions and decorative pillows;
chairs, sofas, and love seats; and cushions
on exercise equipment.
• The International Association of Bedding
and Furniture Law Officials (IABFLO) has
established a uniform law labeling system.
15

16. Infants’ & children’s textile products labeling
• The mandatory Chinese standard, GB 31701, establishes safety
and labeling requirements for textile products for infants (aged 0-
36 months) and for children (three-14 years).
• The standard establishes safety technical requirements for each
category and labeling requirements, as follows:
– Textile products for infants must indicate the serial number of the
standard and "products for infants" in their instructions.
– Textile products for children must indicate the serial number of the
standard and the coincidental class of safety technical requirements
(e.g., GB 31701 Class A, GB 31701 Class B or GB 31701 Class C) in
their instructions. One class must be indicated for each product.
• The standard took force on 1 June 2016, with a transitional period
of two years.
16

17. Restriction on NPE
• The EU's REACH Regulation was amended in January 2016 to
include a new restriction on Nonylphenol Ethoxylates (NPE) in
textiles:
– NPE must not be placed on the market in textile articles which can
reasonably be expected to be washed in water during their normal
lifecycle, in concentrations equal to or greater than 0.01% by weight of
that textile article or of each part of the textile article.
– The restriction takes effect on 3 February 2021.
17

18. Restrictions on formaldehyde
• The Australian Competition & Consumer Commission (ACCC) has
provided interim, non-regulatory reference limits for levels of
formaldehyde in various products based on limits set by the EU and
Japan:
– Infants' clothing: 30 ppm;
– Clothing specifically marketed as suitable for people with sensitive skin:
30 ppm;
– Garments which contact the skin: 100 ppm; and
– Other garments or fabrics: 300 ppm.
18

19. Restrictions on azo dyes
• The EU's REACH Regulation restricts azodyes which may release
one or more of 22 aromatic amines in detectable concentrations
(i.e., 30 ppm), from textiles and leather articles which may come
into direct and prolonged contact with the human skin or oral cavity,
such as apparel, bedding, towels, hats, nappies, sleeping bags,
footwear, gloves, wristwatch straps, handbags, purses/ wallets and
chair covers.
• Further, certain listed azocolorants must not be placed on the
market or used for coloring textiles and leather articles as a
substance or constituent of preparations in concentrations higher
than 0.1% by mass.
19

20. Restrictions on lead
• The US CPSIA established limits of:
– 90 ppm lead in surface coatings and
– 100 ppm lead in substrates
• However, CPSC has exempted
textiles from testing under CPSIA, as
most textile products are
manufactured using processes that do
not introduce lead or result in an end
product that would not exceed the
CPSIA’s lead limits.
20

21. Restrictions on PBDEs
• Several US states have enacted laws and regulations to address
health hazards from polybrominated diphenyl ethers (PBDEs):
– PentaBDE and octaBDE are banned in excess of 0.1% in California,
Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New York,
Oregon and Vermont;
– Oregon has also banned decaBDE over 0.1% in all products, while
Vermont and Maine have enacted a ban on decaBDE over 0.1% in
mattresses and upholstered furniture and
– Maryland and Michigan have banned decaBDE in mattresses and
upholstered furniture.
• PBDEs have historically been used as flame retardants in foam and
textiles in upholstered furniture and in carpet foam made from
recycled foam.
21

22. Restrictions on PAHs
• In 2013, the EU amended REACH to restrict Polycyclic Aromatic
Hydrocarbons (PAHs):
– The Regulation applies to Benzo[a]pyrene, Benzo[e]pyrene,
Benzo[a]anthracene, Chrysen, Benzo[b]fluoranthene,
Benzo[j]fluoranthene, Benzo[k]fluoranthene and
Dibenzo[a,h]anthracene.
• These restrictions apply to products such as:
– Apparel, footwear, gloves and sportswear and
– Watch straps, wristbands and headbands.
• The restriction applies to rubber or plastic components that come
into direct as well as prolonged or short-term repetitive contact with
the human skin or the oral cavity, under normal or reasonably
foreseeable conditions of use, with a limit of 1 ppm of any of the
listed PAHs.
22

23. California Proposition 65
• California’s Safe Drinking Water and Toxic Enforcement Act of 1986
(aka Proposition 65) is a “right-to-know law” that informs consumers
if certain hazardous chemicals are present in products or their
packaging.
• Several settlements exist for apparel, fur and leather products,
including:
– Bags with vinyl/ PVC components: 1,000 ppm DEHP, BBP, DBP, DIDP,
DINP and DnHP in each accessible component
– Belts: 1,000 ppm DEHP, 90 ppm lead in paint, 200 ppm lead in PVC
and 300 ppm lead in leather
– Children's apparel: 1,000 ppm DEHP and 300 ppm lead
– "Fashion accessories": 1,000 ppm of each of DEHP, BBP or DBP
– Outerwear: 300 ppm lead in PVC, neoprene and other plastic
components
23

24. Maine Safer Chemicals in Children’s Products
• Maine has designated a number of chemicals as Priority
Chemicals:
– Arsenic intentionally added to apparel, bedding, and footwear intended
for use by a child under the age of 12 years;
– Cadmium intentionally added to apparel, bedding, and footwear
intended for use by a child under the age of 12 years and
– Mercury intentionally added to apparel, bedding, and footwear intended
for use by a child under the age of 12 years.
• Any manufacturer or distributer of a children’s product containing
these PCs must notify the DEP with certain information about the
product.
24

25. Textile flammability
• Canada's Textile Flammability Regulations apply to "textile
products," defined to mean products composed of textile fibers,
other than bedding.
• Per the Regulations:
– The flame spread time for textile products without a raised fiber surface
must be greater than 3.5 seconds;
– The flame spread time for textile products with a raised fiber surface
that exhibits ignition or fusion of its base fibers must be greater than 4
seconds and
– The flame spread time for bedding without a raised fiber surface, or
bedding with a raised fiber surface that exhibits ignition or fusion of its
base fibers, must be greater than 7 seconds.
• Flame spread time must be determined according to CAN/CGSB-4.2
No. 27.5, Textile Test Methods — Flame Resistance — 45° Angle
Test — One-Second Flame Impingement, as amended from time to
time.
25

26. Children’s nightwear flammability
• In the UK, children’s nightwear is subject to SI 1985 No. 2043, The
Nightwear (Safety) Regulations 1985, and BS EN 14878, Textiles –
Burning Behaviour of Children’s Nightwear – Specification.
• Nightdresses, dressing gowns, bath robes and other similar
garments, must comply with flammability requirements and bear
labeling regarding their flammability performance and washing
instructions.
• For instance, pajamas must be labeled:
KEEP AWAY FROM FIRE
26

27. Restrictions on cords & drawstrings
• The EU’s mandatory standard, EN 14682, was enacted to minimize
the risk of accidental entrapment by cords or drawstrings on
children’s clothing.
• Other countries/ regions restricting drawstrings include:
– Australia,
– Canada,
– China,
– Singapore,
– South Korea,
– Taiwan and
– The US.
27

28. TSCA was finally reformed!!!!
• Over the years, the US Congress has considered several bills
intended to “modernize” the Toxic Substances Control Act (TSCA),
each of which has died.
• On 22 June 2016, President Obama signed H.R. 2576, Frank R.
Lautenberg Chemical Safety for the 21st Century Act, into law.
28

29. TSCA reform highlights
• Strengthens safety;
• Requires EPA to focus on the highest priorities;
• Strengthens transparency and the quality of science used in EPA
decisions;
• Expands EPA’s ability to require additional health and safety testing
of chemicals and reduce unnecessary animal testing;
• Provides EPA a full range of regulatory options for substances found
to present an unreasonable risk;
• For chemicals that present an unreasonable risk, EPA has multiple
options, including imposing warning requirements, restrictions on
specific uses and chemical phase outs or bans and
• Compliance with all rules must be as soon as practicable, but
generally within five years of being made final.
29

30. TSCA vs. state regulations
• TSCA reform creates a more uniform regulatory system to ensure
interstate commerce is not unduly burdened, while retaining a
significant role for states in ensuring chemical safety
– EPA's final decisions will preempt all existing and future state laws that
restrict chemicals or are in conflict with EPA action;
– Any state prohibition or restriction enacted before 22 April 2016, and
any other state law enacted before 31 August 2003, will not be
preempted;
– New state chemical restrictions will not be able to be enacted while EPA
conducts risk evaluations of a high-priority chemical, without the state
first obtaining a waiver from EPA and
– State reporting, monitoring and other information requirements and
requirements imposed under state laws are not preempted.
30

31. TSCA reform highlights
• EPA is in the middle of a series of public meetings and webinars to
obtain input from the public on the processes used to prioritize and
evaluate chemicals:
– 30 June 2016: Webinar, “Overview of the Amended TSCA”;
– 9 August 2016: Public Meeting, Risk Evaluations;
– 10 August 2016: Public Meeting, Chemical Prioritization and
– 11-12 2016: Public Meeting - Industry Consultation Meeting on Fees.
• See more: http://tinyurl.com/jbb2ra3
31

32. Albany County enacts Local Law P
• Albany County, NY, has enacted Local Law P, amended Local Law 1
of 2014.
• Restricts the sale and distribution of children's apparel, footwear,
travel goods and other children's products containing more than the
specified amounts:
– Benzene: 100 ppm;
– Lead: 100 ppm total lead in accessible parts; 90 ppm in paints and
surface coatings;
– Mercury: 60 ppm;
– Antimony: 60 ppm;
– Cadmium: 75 ppm;
– Arsenic: 25 ppm and
– Cobalt: 40 ppm.
32

33. Rockland County amends 'Toxic Free Toys Act'
• Rockland County, New York, Legislature approved Local Law No. 7
of 2015, The Toxic Free Toys Act.
– Effectively repealed Local Law No. 3 of 2015.
• Eliminates the prohibition on antimony, arsenic, benzene, cadmium,
cobalt, lead and mercury in children’s apparel and children’s
products.
33

34. Ulster County considers toxics
• Ulster County, New York's Local Law 3 of 2016 relating to toxic
chemicals in children’s products was heard 10 May 2016.
• A public hearing was held on 12 July 2016.
• The Law would restrict the sale of children’s products which contain
in excess of:
– Benzene: 50 ppm of total content;
– Mercury, antimony, arsenic or cobalt: 40 ppm of total content;
– Lead: 100 ppm of total content in accessible parts or 90 ppm in paint or
other surface coatings and
– Cadmium: 75 ppm of total content.
34

35. Westchester stays enforcement
• The Toy Industry Association (TIA) announced the Westchester,
New York, Children's Products Safety Law will not be enforced until
a settlement is reached between Albany County and the Safe to
Play Coalition regarding the Albany law.
• Westchester’s Law prohibits any amount of formaldehyde, benzene,
lead, mercury, antimony, arsenic, cadmium or cobalt in any
children’s product.
35

36. New York City’s ‘Toxic Toy’ legislation
• New York City Council held a hearing on an amended version of the
proposed Toxic Toy Ban bill on 14 January 2016.
• Legislation would prohibit the sale and distribution of children's
apparel, footwear, travel goods and other children's products
containing more than the specified amounts of formaldehyde,
benzene, lead, mercury, antimony, arsenic, cadmium and cobalt.
36

37. New York bill on chemicals in children’s products
• New York's Assembly considering A 5612A, regarding toxic
chemicals in children's products.
• Bill would:
– Require DEC to post lists of priority chemicals and chemicals of high
concern on DEC's website within 180 days;
– Require manufacturers of children’s products that contain intentionally-
added priority chemicals to report:
• Product identity,
• Name of priority chemical and
• Intended purpose of chemicals;
– Require manufacturers or distributors to notify retailers of presence of
chemical, and provide information regarding toxicity and
– Prohibit the sale, effective January 2019, of a children's product
containing priority chemical.
37

38. New York bill on chemicals in children’s products
• New York's Assembly is also considering A 10715, An act to amend
general business law to protect consumers from toxic chemicals in
children's products.
• “The Parents' Right to Know Act” would require disclosure of
chemicals of high concern to children.
38

39. New York proposed ‘Child Safe Products Act’
• New York’s Senate is considering S 5995A, to establish lists of
priority chemicals and chemicals of high concern.
• Includes a list of the priority chemicals, such as:
– Antimony and antimony compounds;
– Arsenic and arsenic compounds;
– Benzene;
– Cadmium;
– Cobalt and cobalt compounds;
– Formaldehyde;
– Mercury and mercury compounds and
– Tris (1, 3 dichloro-2-propyl) phosphate.
• Would require reporting of priority chemicals in children's products.
39

40. New York Senate bill on toxic chemicals
• New York’s Senate is considering S 7507, Relates to regulation of
toxic chemicals in children's products.
• Would restrict chemicals of high concern in children's products.
• "Priority chemicals” include:
– Antimony and antimony compounds;
– Arsenic, arsenic compounds;
– Benzene;
– Cadmium;
– Cobalt and cobalt compounds;
– Formaldehyde;
– Lead and compounds (inorganic) and
– Mercury and mercury compounds.
40

41. Minnesota chemical bills
• Minnesota House considering bills, HF 2717 and HF 2761
– Would require a manufacturer or distributor of a children's product
offered for sale in the state that contains one or more intentionally-
added priority chemicals to report particular information.
• Additionally, HF 1276, which would amend Minnesota's Statutes
related to priority chemicals, as follows:
– Trade secret information and other information submitted to the
Pollution Control Agency related to priority chemicals in children's
products are classified under sections 116.9403 to 116.9411.
– Would also establish new requirements for reporting information on
priority chemicals in children's product.
41

42. Oregon Toxic Free Kids Act
• In July 2016, the Oregon Health Authority released another iteration
of draft rules implementing the Toxic Free Kids Act.
• Draft rules would:
– Require manufacturers of children’s products to disclose high priority
chemicals of concern for children’s health used in children’s products,
unless manufacturer is exempt;
– Establish requirements for disclosure;
– Establish a process for manufacturer to apply for exemption of
disclosure requirements;
– Establish a fee schedule and
– Describe Health Authority’s civil penalty authority and enforcement
process.
42

43. New York formaldehyde bill
• New York’s Assembly is considering A 6099, Relates to banning
formaldehyde in certain children's products.
• Defines "children's products“ as “a product primarily designed,
intended or marketed by a manufacturer to be physically applied to
or introduced into a child's body, or used by a child,” such as:
– Baby products or
– “[A] product designed or intended by the manufacturer to help a child
with sucking or teething, to facilitate sleep, relaxation, or the feeding of a
child”, such as: Bedding; furniture and children's apparel.
43

44. State formaldehyde bills
• New York's Senate is considering S2591
– Per the bill, beginning 1 April 2018, no retailer may sell or offer for sale a
children's product that intentionally contains:
• Formaldehyde, including formaldehyde contained in a solution; or
• Ingredients that chemically degrade under normal conditions of temperature
and pressure to release free formaldehyde at levels exceeding 0.05%.
• Rhode Island's House is considering HB 7643
– Proposal would prohibit the use of formaldehyde or formaldehyde
replacements in certain children's products.
44

45. Vermont chemical reporting guidance
• Manufacturers are required to report to the Vermont Department of
Health when their children's products contain one or more chemicals
of high concern.
– Reporting deadline has been extended due to delays in the availability
of the online reporting system.
– The new deadline is 1 January 2017 (formerly 1 July 2016).
• In July 2016, DoH posted a webinar walkthrough of the new online
reporting system: https://www.vtsosonline.com/online
45

46. Technical report on SVHC in footwear
• European Committee for Standardisation (CEN) has issued a
technical report on substances of very high concern in footwear.
• CEN/TR 16417:2016 is designed to help shoe manufacturers collect
mandatory information from suppliers on Substances of Very High
Concern (SVHCs) under REACH.
• CEN will revise the report annually.
46

47. AAFA Restricted Substances List
• The American Apparel and Footwear Association (AAFA) released
17th edition of Restricted Substances List (RSL).
• Chemical management resource for banned or restricted chemicals
and substances in footwear, apparel and home textiles worldwide.
47

48. OEKO-TEX Standard 100 amended
• OEKO-TEX Association has amended its test criteria and limit
values for product certification in accordance with OEKO-TEX
Standard 100.
• Supplements or changes were made to the following test
parameters in the OEKO-TEX criteria catalogue:
– Perfluorinated compounds, organotin compounds, softeners/ phthalates,
pesticides, chlorinated phenols, chlorinated benzenes and toluenes,
colourants classified as carcinogenic and which are thus prohibited,
polycyclic aromatic hydrocarbons, alkylphenols and alkylphenol
ethoxylates as well as flame-retardant substances and
– New test parameter "UV stabilisers" was also included in OEKO-TEX
product class IV.
48

49. Firms sign on to Greenpeace Detox campaign
• Twenty companies from the Italian Prato
textile district have signed up to the Greenpeace
Detox campaign.
• Commits them to phasing out 11 chemical
classes of concern, by 2020.
• Firms represent several levels of the supply
chain, including chemical and raw material
manufacturers, yarn and fabric producers and
dyeing and finishing firms.
49

50. Denmark flame retardants report
• Denmark's EPA reported on flame retardants in products.
• The aim was to conduct a technical, economic assessment to avoid
TCPP, TDCP and TCEP in children's articles in EU and to evaluate
suitability of alternatives, their availability and risk profile.
• Results will be included in an assessment of the need to prepare a
draft EU restriction on flame retardants.
• In some children's products, the substances were found in an
amount not great enough to obtain flame retardant effect, but still
may pose a risk to children.
50

51. Proposed addition of decaBDE to REACH
• European Union (EU) is considering a proposed amendment to
REACH, which would add bis(pentabromophenyl)ether to Annex
XVII.
• The proposal would establish a limit of 0.1% by weight of decaBDE
in:
– Another substance, as a constituent;
– A mixture or
– An article, or any part thereof.
• The proposal would take force in 18 months.
51

52. EU flame textile flame retardant standards
• European Committee for Standardization (CEN) has released two
standards for textiles, which are in accordance with the International
Organization for Standardization.
• Cover methods for the determination of flame retardants in textiles,
particularly:
– EN ISO 17881-2:2016 Textiles - Determination of certain flame
retardants - Part 2: Phosphorus flame retardants (ISO 17881-2:2016)
and
– EN ISO 17881-1:2016 Textiles - Determination of certain flame
retardants - Part 1: Brominated flame retardants (ISO 17881-1:2016).
52

53. Washington DC restricts flame retardants
• Applies to children's products and residential upholstered furniture.
• Restricts tris(1,3-dichloro-2-propyl) phosphate (TDCPP) and tris(2-
chloroethyl) phosphate (TCEP), with a limit of 0.1% by mass in any
product component.
• Effective date is dependent on product category and will start on 1
January 2018.
• Authorizes the Mayor to request a Certificate of Compliance (COC)
from manufacturers demonstrating compliance with this Act.
53

54. Connecticut flame retardant bills
• Raised Bill No. 5299 an act concerning toxic flame retardant
chemicals in children’s products and upholstered residential furniture
– Would restrict decabromodiphenyl ether, hexabromocyclododecane,
TDCPP, TDCP, TCEP and TCPP.
• Raised Bill No. 5404, an act concerning toxic flame retardant
chemicals in children’s products and upholstered residential furniture
– Would restrict TDCPP, TDCP, TCEP and TCPP.
54

55. Maine flame retardant bill
• Maine's Senate is considering LD 1535.
• Would prohibit sale of upholstered furniture
containing more than 0.1% of a flame-retardant
chemical or containing more than 0.1% of a
mixture that includes flame-retardant chemicals.
• "Flame-retardant chemical" means a chemical
or chemical compound for which a functional
use is to resist or inhibit the spread of fire.
55

56. Massachusetts flame retardants bills
• The Massachusetts House and Senate are considering H 4241, S
2293 and S 2302:
– Each would restrict flame retardants in children's products, upholstered
furniture, establishing total weight of 1,000 ppm of restricted chemicals.
• Chemical flame retardants include:
– Tris(1,3-dichloro-2-propyl)phosphate (TDCPP);
– Tris(2-chloroethyl)phosphate (TCEP);
– Hexabromocyclododecane (HBCD);
– Bis(2-Ethylhexyl)-3,4,5,6- tetrabromophthalate (TBPH);
– 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB);
– Chlorinated paraffins;
– Tris (1-chloro-2-propyl) phosphate (TCPP) and
– PBDEs including but not limited to pentaBDE, octaBDE and decaBDE.
56

57. New Jersey flame retardant bill
• New Jersey’s Assembly is considering A 3885, An Act concerning
certain products made with flame retardant chemicals.
• Would prohibit the manufacture, sell, offer for sale, lease or
distribute children’s product or upholstered furniture produced with
or containing more than 0.1% of:
– TDCPP (tris (1,3-dichloro-2-propyl) phosphate);
– TCEP (tris (2-chloroethyl) phosphate);
– Tetrabromobisphenol A;
– Decabromodiphenyl ether (decaBDE);
– Antimony;
– Hexabromocyclododecane;
– Tetrabromo phthalate (TBPH);
– Tetrabromo benzoate (TBB);
– Chlorinated paraffins and
– TCPP (tris (1-chloro-2-propyl) phosphate).
57

58. New York State flame retardant bills
• New York's Senate is considering S03844:
– Would prohibit sale of any residential upholstered furniture that contains
chemical flame retardants intentionally-added in order to provide a
specific characteristic, appearance or quality, to perform a specific
function, or for any other purpose.
• New York's Assembly is considering A7387:
– Would prohibit sale of residential upholstered furniture that contains
chemical flame retardants intentionally-added in order to provide a
specific characteristic, appearance or quality, to perform a specific
function, or for any other purpose.
58

59. North Carolina flame retardant bills
• North Carolina’s House and Senate are considering HB 998 and SB
780, DHHS/Develop State Chemical Action Plan.
• The bills would require development of a State Chemical Action Plan
to identify and recommend actions to take to reduce threats by flame
retardants in children's products.
• The bills define "children's products" as:
– Bedding products designed for or used by children 12 years of age or
younger; including crib mattresses;
– Nursing pillows, similar nursing aids and
– Changing table pads.
59

60. Rhode Island flame retardants bill
• Rhode Island’s Senate is considering SB 2902, An Act relating to
health and safety – Child products and upholstered furniture.
• Beginning 1 July 2017, no manufacturer, wholesaler, or retailer may
manufacture, knowingly sell, offer for sale, or distribute for use any
residential upholstered bedding or furniture, which contains 100
ppm, or greater, of any organohalogen flame retardant chemical.
– Includes any chemical containing bromine or chlorine bonded to carbon
that is added to a plastic, foam or textile.
60

61. Tennessee flame retardant bill
• Two bills to prohibit certain flame retardants in children's products
and upholstered furniture.
• Bills would restrict the following chemicals with a limit of 10 ppm
each:
– TDCPP (tris(1,3-dichloro-2-propyl)phosphate);
– TCEP (tris(2-chloroethyl)phosphate);
– Tetrabromobisphenol A;
– Decabromodiphenyl ether;
– Antimony;
– Hexabromocyclododecane;
– Tetrabromo phthalate (TBPH);
– Tetrabromo benzoate (TBB);
– Chlorinated paraffins or
– Tris (1-chloro-2-propyl)phosphate (TCPP).
61

62. Washington State restricts flame retardants
• Washington's Governor enacted House Bill 2545, Toxic-Free Kids
and Families Act.
• Restricted toxic chemicals in home furniture and kids’ products with
limit of 1,000 ppm each:
– TDCPP;
– TCEP;
– Decabromodiphenyl ether;
– HBCD and
– Additive TBBPA.
• Takes effect 1 July 2017.
62

63. West Virginia flame retardant bill
• Bill applies to:
– TDCPP (tris (1, 3-dichloro-2propyl) phosphate);
– Decabromodiphenyl ether;
– Pentabromodiphenyl ether;
– Hexabromocyclododecane and
– TCEP (tris (2-chloroethyl) phosphate).
• Children's product or upholstered residential furniture.
• 1 July 2019: Limits amounts greater than 1000 ppm in any product
component of any regulated flame retardant.
• 1 July 2020: No retailer may sell a children's product or upholstered
residential furniture containing in amounts greater than 1000 ppm in
any product component of any regulated flame retardant.
63

64. AAFA comments on EU CMR proposal
• American Apparel & Footwear Association
submitted comments to the European
Commission (EC) on a proposed “fast track”
restriction of hazardous substances of
carcinogenic, or toxic for reproduction
substances (CMR 1A and 1B) in textile
articles and clothing.
• The list includes 291 CMR substances, such
as arylamines, azo compounds and lead
compounds.
• AAFA urged EC to maintain standard
REACH restriction procedure.
64