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House File 457 - IntroducedA Bill ForAn Act 1prohibiting the manufacture and sale of certain products
2containing specified chemical flame retardants in the state,
3providing civil penalties, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455F.12 Chemical flame retardants
2— prohibition on manufacture and sale.
31. As used in this section, unless the context otherwise
4requires:
5a. “Bedding” means any residential or commercial bedding
6material including but not limited to a mattress, mattress pad,
7mattress cover, sheeting, pillow, blanket, comforter, duvet
8cover, sleeping bag, or any other item stuffed with bedding
9material used for recycling or sleeping.
10b. “Carpeting” means residential or commercial fabric floor
11covering, including carpet padding.
12c. “Children’s product” means a consumer product
13manufactured or marketed for use by individuals twelve years
14of age or younger.
15d. “Covered product” means bedding, carpeting, children’s
16products, residential upholstered furniture, or window
17treatments.
18e. “Manufacturer” means a person who manufactures or
19produces a covered product for resale in this state.
20f. “Residential upholstered furniture” means any residential
21furniture product that consists in whole or in part of
22cushioning material enclosed within a covering consisting of
23fabric or any other textile.
24g. “Retailer” means a person offering for sale or selling a
25covered product to the ultimate consumer, within this state.
26h. “Window treatment” means residential or commercial
27curtain materials, blinds, or shades.
282. A manufacturer or retailer shall not sell, offer for
29sale, or manufacture for sale a covered product that contains
30the following chemical flame retardants with a concentration
31level that exceeds one thousand parts per million by weight for
32any component part of the covered product:
33a. Tris (1,3-dichloro-2-propyl) phosphate (TDCPP).
34b. Tris (2-chloroethyl) phosphate (TCEP).
35c. Antimony trioxide.
-1- 1d. Hexabromocyclododecane (HBCD).
2e. Bis (2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH).
3f. 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB).
4g. Chlorinated paraffins.
5h. Tris (1-chloro-2-propyl) phosphate (TCPP).
6i. pentaBDE.
7j. octaBDE.
8k. Any other chemical flame retardant identified by the
9department pursuant to subsection 3.
103. a. The department shall conduct a review every three
11years to identify any additional chemical flame retardants to
12be added to the list of prohibited chemical flame retardants
13provided in subsection 2, provided, however, that the
14department shall demonstrate that the chemical flame retardant
15is harmful to health and is present in human bodily tissue
16or fluid, the home environment, or in a covered product, as
17determined through scientific sampling and analysis. For
18purposes of this subsection, “harmful to health” means any of
19the following:
20(1) Harming the normal development of a fetus or child or
21cause other developmental toxicity.
22(2) Causing cancer, genetic damage, or reproductive harm.
23(3) Disrupting the endocrine system.
24(4) Damaging the nervous system, immune system, or an organ
25or cause other systemic toxicity.
26(5) Constituting a persistent, bioaccumulative, and toxic
27substance.
28b. If the department determines that a chemical flame
29retardant meets the conditions provided in paragraph “a”,
30the department shall promulgate rules to restrict the sale,
31offer for sale, or manufacture for sale of any covered product
32containing the chemical flame retardant pursuant to subsection
332 within nine months after making such determination.
344. This section shall not apply to any of the following:
35a. A covered product manufactured prior to January 1, 2018.
-2- 1b. A covered product containing a chemical flame retardant
2identified in subsection 2 due to the presence of recycled
3material used to manufacture the covered product.
4c. Motor vehicles as defined in section 321.1, watercraft,
5aircraft, all-terrain vehicles as defined in section 321.1,
6motorized bicycles as defined in section 321.1, or any
7component part thereof.
85. a. A manufacturer or retailer who sells, offers for
9sale, or manufactures for sale a covered product in violation
10of subsection 2 shall be subject to a civil penalty of one
11thousand dollars for each covered product manufactured, sold,
12or offered for sale for a first offense, and a civil penalty of
13five thousand dollars for each covered product manufactured,
14sold, or offered for sale for a second or subsequent offense.
15b. Notwithstanding paragraph “a”, a retailer shall only be
16liable under this subsection if the retailer had knowledge or
17in the exercise of reasonable diligence should have known that
18the retailer was selling or offering for sale a covered product
19in violation of subsection 2.
206. The department may adopt rules pursuant to chapter 17A to
21administer this section.
22 Sec. 2. NEW SECTION. 455F.13 Notification.
23The manufacturer of a covered product that contains a
24prohibited chemical flame retardant identified in section
25455F.12 shall provide initial notice of the prohibitions
26identified in that section to any known retailer selling
27the covered product in the state no later than October 3,
282017. The department shall establish by rule notification
29requirements applicable to the identification of additional
30chemical flame retardants following the review and
31determination process provided in section 455F.12.
32 Sec. 3. EFFECTIVE DATE.
331. The section of this Act requiring manufacturers to
34provide notice of this Act to retailers, being deemed of
35immediate importance, takes effect upon enactment.
-3- 12. The remaining sections of this Act take effect January
21, 2018.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill prohibits the manufacture and sale of certain
7products containing specified chemical flame retardants in the
8state.
9The bill contains several definitions. The bill defines
10“bedding”, “carpeting”, “children’s product”, “covered
11product”, “manufacturer”, “residential upholstered furniture”,
12“retailer”, and “window treatment”.
13The bill provides that a manufacturer or retailer shall
14not manufacture, sell, or offer for sale a covered product in
15the state containing a chemical flame retardant listed in the
16bill that has a concentration level that exceeds 1,000 parts
17per million by weight for any component part of the covered
18product.
19The bill provides that the department of natural resources
20shall conduct a review every three years to identify any
21additional chemical flame retardants to include in the list of
22prohibited chemical flame retardants contained in the bill. To
23do so the department must demonstrate that the chemical flame
24retardant is harmful to health, as defined in the bill, and
25is determined through scientific sampling and analysis to be
26present in human bodily tissue or fluid, the home environment,
27or in a covered product. If the department determines that a
28chemical flame retardant meets these conditions, the department
29must adopt rules to restrict the sale and manufacture of such
30chemical flame retardant within nine months of making its
31determination.
32The bill provides that the bill does not apply to any of the
33following: a covered product manufactured prior to January
341, 2018; a covered product containing a prohibited chemical
35flame retardant due to the presence of recycled material
-4-1used to manufacture the covered product; and motor vehicles,
2watercraft, aircraft, all-terrain vehicles, motorized bicycles,
3or any component part thereof.
4The bill provides that a manufacturer or retailer that
5manufactures, sells, or offers to sell a covered product
6prohibited by the bill shall be subject to a civil penalty of
7$1,000 for each covered product manufactured, sold, or offered
8for sale for a first offense, and a civil penalty of $5,000 for
9each covered product manufactured, sold, or offered for sale
10for a second or subsequent offense. However, a retailer may
11only be liable if the retailer had knowledge or in the exercise
12of reasonable diligence should have known that the retailer was
13selling or offering to sell a covered product in violation of
14the bill.
15The bill requires a manufacturer of a covered product
16containing a prohibited chemical flame retardant identified
17in the bill to provide initial notice of the prohibition to
18any known retailer selling the covered product in the state
19no later than October 3, 2017, and to establish notification
20procedures for subsequently identified prohibitions by rule.
21The section of the bill containing this requirement takes
22effect upon enactment.
23The section of the bill prohibiting the manufacture or sale
24of certain covered products containing prohibited chemical
25flame retardants takes effect January 1, 2018.
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2containing specified chemical flame retardants in the state,
3providing civil penalties, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455F.12 Chemical flame retardants
2— prohibition on manufacture and sale.
31. As used in this section, unless the context otherwise
4requires:
5a. “Bedding” means any residential or commercial bedding
6material including but not limited to a mattress, mattress pad,
7mattress cover, sheeting, pillow, blanket, comforter, duvet
8cover, sleeping bag, or any other item stuffed with bedding
9material used for recycling or sleeping.
10b. “Carpeting” means residential or commercial fabric floor
11covering, including carpet padding.
12c. “Children’s product” means a consumer product
13manufactured or marketed for use by individuals twelve years
14of age or younger.
15d. “Covered product” means bedding, carpeting, children’s
16products, residential upholstered furniture, or window
17treatments.
18e. “Manufacturer” means a person who manufactures or
19produces a covered product for resale in this state.
20f. “Residential upholstered furniture” means any residential
21furniture product that consists in whole or in part of
22cushioning material enclosed within a covering consisting of
23fabric or any other textile.
24g. “Retailer” means a person offering for sale or selling a
25covered product to the ultimate consumer, within this state.
26h. “Window treatment” means residential or commercial
27curtain materials, blinds, or shades.
282. A manufacturer or retailer shall not sell, offer for
29sale, or manufacture for sale a covered product that contains
30the following chemical flame retardants with a concentration
31level that exceeds one thousand parts per million by weight for
32any component part of the covered product:
33a. Tris (1,3-dichloro-2-propyl) phosphate (TDCPP).
34b. Tris (2-chloroethyl) phosphate (TCEP).
35c. Antimony trioxide.
-1- 1d. Hexabromocyclododecane (HBCD).
2e. Bis (2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH).
3f. 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB).
4g. Chlorinated paraffins.
5h. Tris (1-chloro-2-propyl) phosphate (TCPP).
6i. pentaBDE.
7j. octaBDE.
8k. Any other chemical flame retardant identified by the
9department pursuant to subsection 3.
103. a. The department shall conduct a review every three
11years to identify any additional chemical flame retardants to
12be added to the list of prohibited chemical flame retardants
13provided in subsection 2, provided, however, that the
14department shall demonstrate that the chemical flame retardant
15is harmful to health and is present in human bodily tissue
16or fluid, the home environment, or in a covered product, as
17determined through scientific sampling and analysis. For
18purposes of this subsection, “harmful to health” means any of
19the following:
20(1) Harming the normal development of a fetus or child or
21cause other developmental toxicity.
22(2) Causing cancer, genetic damage, or reproductive harm.
23(3) Disrupting the endocrine system.
24(4) Damaging the nervous system, immune system, or an organ
25or cause other systemic toxicity.
26(5) Constituting a persistent, bioaccumulative, and toxic
27substance.
28b. If the department determines that a chemical flame
29retardant meets the conditions provided in paragraph “a”,
30the department shall promulgate rules to restrict the sale,
31offer for sale, or manufacture for sale of any covered product
32containing the chemical flame retardant pursuant to subsection
332 within nine months after making such determination.
344. This section shall not apply to any of the following:
35a. A covered product manufactured prior to January 1, 2018.
-2- 1b. A covered product containing a chemical flame retardant
2identified in subsection 2 due to the presence of recycled
3material used to manufacture the covered product.
4c. Motor vehicles as defined in section 321.1, watercraft,
5aircraft, all-terrain vehicles as defined in section 321.1,
6motorized bicycles as defined in section 321.1, or any
7component part thereof.
85. a. A manufacturer or retailer who sells, offers for
9sale, or manufactures for sale a covered product in violation
10of subsection 2 shall be subject to a civil penalty of one
11thousand dollars for each covered product manufactured, sold,
12or offered for sale for a first offense, and a civil penalty of
13five thousand dollars for each covered product manufactured,
14sold, or offered for sale for a second or subsequent offense.
15b. Notwithstanding paragraph “a”, a retailer shall only be
16liable under this subsection if the retailer had knowledge or
17in the exercise of reasonable diligence should have known that
18the retailer was selling or offering for sale a covered product
19in violation of subsection 2.
206. The department may adopt rules pursuant to chapter 17A to
21administer this section.
22 Sec. 2. NEW SECTION. 455F.13 Notification.
23The manufacturer of a covered product that contains a
24prohibited chemical flame retardant identified in section
25455F.12 shall provide initial notice of the prohibitions
26identified in that section to any known retailer selling
27the covered product in the state no later than October 3,
282017. The department shall establish by rule notification
29requirements applicable to the identification of additional
30chemical flame retardants following the review and
31determination process provided in section 455F.12.
32 Sec. 3. EFFECTIVE DATE.
331. The section of this Act requiring manufacturers to
34provide notice of this Act to retailers, being deemed of
35immediate importance, takes effect upon enactment.
-3- 12. The remaining sections of this Act take effect January
21, 2018.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill prohibits the manufacture and sale of certain
7products containing specified chemical flame retardants in the
8state.
9The bill contains several definitions. The bill defines
10“bedding”, “carpeting”, “children’s product”, “covered
11product”, “manufacturer”, “residential upholstered furniture”,
12“retailer”, and “window treatment”.
13The bill provides that a manufacturer or retailer shall
14not manufacture, sell, or offer for sale a covered product in
15the state containing a chemical flame retardant listed in the
16bill that has a concentration level that exceeds 1,000 parts
17per million by weight for any component part of the covered
18product.
19The bill provides that the department of natural resources
20shall conduct a review every three years to identify any
21additional chemical flame retardants to include in the list of
22prohibited chemical flame retardants contained in the bill. To
23do so the department must demonstrate that the chemical flame
24retardant is harmful to health, as defined in the bill, and
25is determined through scientific sampling and analysis to be
26present in human bodily tissue or fluid, the home environment,
27or in a covered product. If the department determines that a
28chemical flame retardant meets these conditions, the department
29must adopt rules to restrict the sale and manufacture of such
30chemical flame retardant within nine months of making its
31determination.
32The bill provides that the bill does not apply to any of the
33following: a covered product manufactured prior to January
341, 2018; a covered product containing a prohibited chemical
35flame retardant due to the presence of recycled material
-4-1used to manufacture the covered product; and motor vehicles,
2watercraft, aircraft, all-terrain vehicles, motorized bicycles,
3or any component part thereof.
4The bill provides that a manufacturer or retailer that
5manufactures, sells, or offers to sell a covered product
6prohibited by the bill shall be subject to a civil penalty of
7$1,000 for each covered product manufactured, sold, or offered
8for sale for a first offense, and a civil penalty of $5,000 for
9each covered product manufactured, sold, or offered for sale
10for a second or subsequent offense. However, a retailer may
11only be liable if the retailer had knowledge or in the exercise
12of reasonable diligence should have known that the retailer was
13selling or offering to sell a covered product in violation of
14the bill.
15The bill requires a manufacturer of a covered product
16containing a prohibited chemical flame retardant identified
17in the bill to provide initial notice of the prohibition to
18any known retailer selling the covered product in the state
19no later than October 3, 2017, and to establish notification
20procedures for subsequently identified prohibitions by rule.
21The section of the bill containing this requirement takes
22effect upon enactment.
23The section of the bill prohibiting the manufacture or sale
24of certain covered products containing prohibited chemical
25flame retardants takes effect January 1, 2018.
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