Relevant for: Electrical & electronics, Hardlines, Toys and children's products
On 24 October 2017, City and County of San Francisco has passed the Ordinance adding the Chapter1 to ban the sale of residential upholstered furniture and children’s products treated with any flame retardant chemicals at a concentration above 1000 ppm.
This citywise restriction applies to children’s products for use by children under 12 years old and subject to the Home Furnishings and Thermal Insulation Act2, and upholstered furniture that are required to meet the California flammability standard Technical Bulletin 117-20133. Products that are used for public places or second-hand are excluded from the scope.
Highlights of the ordinance are summarised as follows:
These provisions will go into effect from 1 January 2019 for covered products, except the requirement of products with electrical and electronic components will apply from 1 July 2019.
- Upholstered furniture should affix with a label that comply with the requirements of the SB 10194 and state that the item does not contain flame retardants.
- For children’s products, businesses should retain a technical file and written statement from their supplier to demonstrate compliance.
- Starting 1 July 2018, businesses can write to the Department of Environment5 and seek a waiver from strict compliance which cause severe hardship or would not be feasible. A petition will be deemed granted if businesses receive no response from the Department within 60 days.
- No later than 30 June 2018, the Department should issue the petition review process and the factors that will be considered during the evaluation.
- The Director of the Department of Environment will send a written warning to any person violating the Chapter. The person has to correct the violation within 30 days after the receipt of the warning.
- The Chapter also enables the City Attorney and certain non-profit organizations to bring suit for violations under certain conditions, and provides the civil penalties as well as attorney fees and costs.
- Enforcement of the Chapter should have no conflict with federal or state legislations that subsequently adopted.