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
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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
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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.
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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
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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
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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
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