Massachusetts FR ban finally enacted

Boston, Massachusetts – The much-delayed flame retardant ban in Massachusetts has finally been signed into law by governor Charlie Baker. He had vetoed an earlier attempt to institute a ban in January 2019, citing a conflict with federal legislation.

Companies in Massachusetts will be prevented from selling or importing products in to the state -- including upholstered furniture, bedding, children’s products and carpeting -- that contain more than 1000ppm of a list of flame retardants in any of their component parts. It does not apply to inventory manufactured before 31 December 2021.

The bill’s passage concludes eight years of efforts by Massachusetts legislators to get a ban in place. The state’s department of environmental protection (DEP) may now implement a labelling programme for products that meet fire safety standards, but do not contain any of the banned FRs.

The banned list includes antimony trioxide, pentaBDEm octaBDE and chlorinated paraffins. Also covered are TSCPP, TCEP, HBCD, TBPH, TBB, TBBPA and TCPP. The law instructs DEP to work with the Toxics Use Reduction Institute at the University of Massachusetts Lowell to revisit the banned list at least every three years to determine whether any other FRs should be added.

The legislation was backed by the Massachusetts firefighters union, citing serious concerns about the FRs causing cancer among its members. ‘This is a massive step forward in protecting our residents and first responders in Massachusetts from the dangers of these toxic chemicals associated with flame-retardant products,’ union president Richard MacKinnon said.