House File 457 - Introduced HOUSE FILE 457 BY ISENHART A BILL FOR An Act prohibiting the manufacture and sale of certain products 1 containing specified chemical flame retardants in the state, 2 providing civil penalties, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2483YH (3) 87 gh/rn
H.F. 457 Section 1. NEW SECTION . 455F.12 Chemical flame retardants 1 —— prohibition on manufacture and sale. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Bedding” means any residential or commercial bedding 5 material including but not limited to a mattress, mattress pad, 6 mattress cover, sheeting, pillow, blanket, comforter, duvet 7 cover, sleeping bag, or any other item stuffed with bedding 8 material used for recycling or sleeping. 9 b. “Carpeting” means residential or commercial fabric floor 10 covering, including carpet padding. 11 c. “Children’s product” means a consumer product 12 manufactured or marketed for use by individuals twelve years 13 of age or younger. 14 d. “Covered product” means bedding, carpeting, children’s 15 products, residential upholstered furniture, or window 16 treatments. 17 e. “Manufacturer” means a person who manufactures or 18 produces a covered product for resale in this state. 19 f. “Residential upholstered furniture” means any residential 20 furniture product that consists in whole or in part of 21 cushioning material enclosed within a covering consisting of 22 fabric or any other textile. 23 g. “Retailer” means a person offering for sale or selling a 24 covered product to the ultimate consumer, within this state. 25 h. “Window treatment” means residential or commercial 26 curtain materials, blinds, or shades. 27 2. A manufacturer or retailer shall not sell, offer for 28 sale, or manufacture for sale a covered product that contains 29 the following chemical flame retardants with a concentration 30 level that exceeds one thousand parts per million by weight for 31 any component part of the covered product: 32 a. Tris (1,3-dichloro-2-propyl) phosphate (TDCPP). 33 b. Tris (2-chloroethyl) phosphate (TCEP). 34 c. Antimony trioxide. 35 -1- LSB 2483YH (3) 87 gh/rn 1/ 5
H.F. 457 d. Hexabromocyclododecane (HBCD). 1 e. Bis (2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH). 2 f. 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB). 3 g. Chlorinated paraffins. 4 h. Tris (1-chloro-2-propyl) phosphate (TCPP). 5 i. pentaBDE. 6 j. octaBDE. 7 k. Any other chemical flame retardant identified by the 8 department pursuant to subsection 3. 9 3. a. The department shall conduct a review every three 10 years to identify any additional chemical flame retardants to 11 be added to the list of prohibited chemical flame retardants 12 provided in subsection 2, provided, however, that the 13 department shall demonstrate that the chemical flame retardant 14 is harmful to health and is present in human bodily tissue 15 or fluid, the home environment, or in a covered product, as 16 determined through scientific sampling and analysis. For 17 purposes of this subsection, “harmful to health” means any of 18 the following: 19 (1) Harming the normal development of a fetus or child or 20 cause other developmental toxicity. 21 (2) Causing cancer, genetic damage, or reproductive harm. 22 (3) Disrupting the endocrine system. 23 (4) Damaging the nervous system, immune system, or an organ 24 or cause other systemic toxicity. 25 (5) Constituting a persistent, bioaccumulative, and toxic 26 substance. 27 b. If the department determines that a chemical flame 28 retardant meets the conditions provided in paragraph “a” , 29 the department shall promulgate rules to restrict the sale, 30 offer for sale, or manufacture for sale of any covered product 31 containing the chemical flame retardant pursuant to subsection 32 2 within nine months after making such determination. 33 4. This section shall not apply to any of the following: 34 a. A covered product manufactured prior to January 1, 2018. 35 -2- LSB 2483YH (3) 87 gh/rn 2/ 5
H.F. 457 b. A covered product containing a chemical flame retardant 1 identified in subsection 2 due to the presence of recycled 2 material used to manufacture the covered product. 3 c. Motor vehicles as defined in section 321.1, watercraft, 4 aircraft, all-terrain vehicles as defined in section 321.1, 5 motorized bicycles as defined in section 321.1, or any 6 component part thereof. 7 5. a. A manufacturer or retailer who sells, offers for 8 sale, or manufactures for sale a covered product in violation 9 of subsection 2 shall be subject to a civil penalty of one 10 thousand dollars for each covered product manufactured, sold, 11 or offered for sale for a first offense, and a civil penalty of 12 five thousand dollars for each covered product manufactured, 13 sold, or offered for sale for a second or subsequent offense. 14 b. Notwithstanding paragraph “a” , a retailer shall only be 15 liable under this subsection if the retailer had knowledge or 16 in the exercise of reasonable diligence should have known that 17 the retailer was selling or offering for sale a covered product 18 in violation of subsection 2. 19 6. The department may adopt rules pursuant to chapter 17A to 20 administer this section. 21 Sec. 2. NEW SECTION . 455F.13 Notification. 22 The manufacturer of a covered product that contains a 23 prohibited chemical flame retardant identified in section 24 455F.12 shall provide initial notice of the prohibitions 25 identified in that section to any known retailer selling 26 the covered product in the state no later than October 3, 27 2017. The department shall establish by rule notification 28 requirements applicable to the identification of additional 29 chemical flame retardants following the review and 30 determination process provided in section 455F.12. 31 Sec. 3. EFFECTIVE DATE. 32 1. The section of this Act requiring manufacturers to 33 provide notice of this Act to retailers, being deemed of 34 immediate importance, takes effect upon enactment. 35 -3- LSB 2483YH (3) 87 gh/rn 3/ 5
H.F. 457 2. The remaining sections of this Act take effect January 1 1, 2018. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill prohibits the manufacture and sale of certain 6 products containing specified chemical flame retardants in the 7 state. 8 The bill contains several definitions. The bill defines 9 “bedding”, “carpeting”, “children’s product”, “covered 10 product”, “manufacturer”, “residential upholstered furniture”, 11 “retailer”, and “window treatment”. 12 The bill provides that a manufacturer or retailer shall 13 not manufacture, sell, or offer for sale a covered product in 14 the state containing a chemical flame retardant listed in the 15 bill that has a concentration level that exceeds 1,000 parts 16 per million by weight for any component part of the covered 17 product. 18 The bill provides that the department of natural resources 19 shall conduct a review every three years to identify any 20 additional chemical flame retardants to include in the list of 21 prohibited chemical flame retardants contained in the bill. To 22 do so the department must demonstrate that the chemical flame 23 retardant is harmful to health, as defined in the bill, and 24 is determined through scientific sampling and analysis to be 25 present in human bodily tissue or fluid, the home environment, 26 or in a covered product. If the department determines that a 27 chemical flame retardant meets these conditions, the department 28 must adopt rules to restrict the sale and manufacture of such 29 chemical flame retardant within nine months of making its 30 determination. 31 The bill provides that the bill does not apply to any of the 32 following: a covered product manufactured prior to January 33 1, 2018; a covered product containing a prohibited chemical 34 flame retardant due to the presence of recycled material 35 -4- LSB 2483YH (3) 87 gh/rn 4/ 5
H.F. 457 used to manufacture the covered product; and motor vehicles, 1 watercraft, aircraft, all-terrain vehicles, motorized bicycles, 2 or any component part thereof. 3 The bill provides that a manufacturer or retailer that 4 manufactures, sells, or offers to sell a covered product 5 prohibited by the bill shall be subject to a civil penalty of 6 $1,000 for each covered product manufactured, sold, or offered 7 for sale for a first offense, and a civil penalty of $5,000 for 8 each covered product manufactured, sold, or offered for sale 9 for a second or subsequent offense. However, a retailer may 10 only be liable if the retailer had knowledge or in the exercise 11 of reasonable diligence should have known that the retailer was 12 selling or offering to sell a covered product in violation of 13 the bill. 14 The bill requires a manufacturer of a covered product 15 containing a prohibited chemical flame retardant identified 16 in the bill to provide initial notice of the prohibition to 17 any known retailer selling the covered product in the state 18 no later than October 3, 2017, and to establish notification 19 procedures for subsequently identified prohibitions by rule. 20 The section of the bill containing this requirement takes 21 effect upon enactment. 22 The section of the bill prohibiting the manufacture or sale 23 of certain covered products containing prohibited chemical 24 flame retardants takes effect January 1, 2018. 25 -5- LSB 2483YH (3) 87 gh/rn 5/ 5