BILL NUMBER: SB 1019 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Leno
FEBRUARY 14, 2014
An act to add Section 19094 Sections 19094
and 19095 to the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
SB 1019, as amended, Leno. Upholstered furniture: flame retardant
chemicals.
Existing federal law requires the Consumer Product Safety
Commission to institute proceedings for the determination of an
appropriate flammability standard if the commission finds that such a
standard, including labeling, for a fabric, related material, or
product, may be needed to protect the public. Existing federal law
authorizes a state to establish a flammability standard if, among
other things, it provides a higher degree of protection from the risk
of fire.
Existing state law, the Home Furnishings and Thermal Insulation
Act, provides for the licensure and regulation of upholstered
furniture manufacturers by the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation. Existing state law
requires every upholstered-furniture manufacturer to hold a furniture
and bedding manufacturer's license. Existing state law also requires
every upholstered-furniture retailer to hold a retail furniture
dealer's license. A violation of the act is a crime.
Existing state law requires upholstered furniture and bedding to
contain a specified label that is securely fastened in a manner
approved by the bureau in an area open to visible view. Existing
state law establishes a standard to produce upholstered furniture
which is safer from the hazards associated with smoldering ignition.
This standard provides methods for smolder resistance of cover
fabrics, barrier materials, resilient filling materials, and decking
materials for use in upholstered furniture.
This bill would require an upholstered-furniture
a manufacturer of covered products, as defined,
to indicate whether or not the product contains added flame retardant
chemicals, as defined, by including a specified statement on that
label. The bill would also require the upholstered-furniture
manufacturer of any covered product sold in California to provide
point-of-sale signs containing the aforementioned statement to the
upholstered-furniture retailer for each product shipped to
California. For in-store sales in California and for Internet and
paper catalog sales to California, the bill would require the
upholstered-furniture retailer in California to display the
point-of-sale sign in a specified manner.
If flame retardant chemicals are added to covered products sold in
California, the bill would require the upholstered-furniture
manufacturer to make good faith efforts to determine the various
flame retardant chemicals used in its products and report this
information to the bureau. The bill would require the bureau to make
this information publicly available on its Internet Web site.
The bill would require the upholstered-furniture
manufacturer of the covered product to retain sufficient
documentation to show the chemicals whether
flame retardant chemicals were added to a covered product or
component. If no flame retardant chemicals were added to the
covered product sold in California, the bill would require the
upholstered-furniture manufacturer of the covered product sold in
California to retain documentation that no flame retardant chemicals
were added. The bill would provide that a written
statement affidavit by the supplier of each
component of the furniture, attesting under penalty of
perjury that no flame retardant chemicals were added,
attesting that flame retardant chemicals were added or not added
is sufficient to make this showing. By expanding the
crime of perjury, the bill would impose a state-mandated local
program.
Upon request, the bill would require an
upholstered-furniture a manufacturer of a
covered product sold in California to provide to the bureau, within
30 days of the request, documentation establishing the accuracy of
the flame retardant chemical statement on the label and sign
label . The bill would require the bureau to
provide the Department of Toxic Substances Control with samples of
the covered product or components thereof sold in California from
products marked "contains NO added flame retardant chemicals" for
testing for the presence of added flame retardant chemicals. If the
department's testing shows that a covered product labeled as
"contains NO added flame retardant chemicals" is mislabeled because
it contains added flame retardant chemicals, the bill would authorize
the bureau to assess fines for violations against
upholstered-furniture manufacturers of the covered product
and component manufacturers. The bill would also authorize the bureau
to assess fines for failure to maintain the required chain of
custody documentation.
The bill would require the bureau to assess fines for certain
violations and would additionally authorize the bureau to issue a
citation including a citation with a fine for certain violations, as
specified. The bill would authorize the bureau to make this citation
information available to the public. The bill would also make it the
duty of the bureau to receive consumer complaints.
The bill would authorize the bureau to adopt regulations in order
to carry out these provisions.
Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares
all of the following:
(a) In 1975, California implemented Technical Bulletin 117, which
requires that materials, such as polyurethane foam, used to fill
furniture be able to withstand a small open flame for at least 12
seconds.
(b) Flame retardant chemicals are used widely in upholstered
furniture to meet the flame retardant standards of California Bureau
of Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation Technical Bulletin 117.
(c) People are exposed to flame retardant chemicals in multiple
ways, including when the chemicals migrate from furniture and other
consumer products into air and dust in the home or workplace.
(d) Some of these chemicals can persist in the environment,
bioaccumulate in people and animals, and have been shown to cause
adverse developmental effects in animals and humans.
(e) A study by the California Environmental Protection Agency
found that women in California have much higher levels of toxic flame
retardants in their breast tissue than women in other states and
countries. Studies published in the journal of Environmental Research
show that children in California have much higher levels of flame
retardant chemicals than children elsewhere in the country.
(f) A study published in the Journal of Occupational and
Environmental Medicine concluded that firefighters have a
significantly elevated risk of cancer that may be attributed to toxic
chemicals they inhale, including flame retardants.
(g) California consumers have become increasingly concerned about
the potential adverse human health impacts due to exposure to certain
chemical flame retardants. Various studies have linked exposure to
flame retardants to cancer, lower IQs and attention problems, male
infertility, male birth defects, and early puberty in girls.
(h) In 2012, the Chair of the Federal Consumer Product Safety
Commission, testified to Congress that "the fire-retardant foams did
not offer a practically significant greater level of open flame
safety than the untreated foams."
(i) In 2012, the Chicago Tribune published a series of
investigative reports that showed that the claims of the efficacy of
flame retardants in furniture misrepresent the science.
(j) In 2012, Governor Brown asked of the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation to review
the state's four-decade-old flammability standards and recommend
changes to reduce toxic flame retardants while continuing to ensure
fire safety.
(k) The Bureau concluded that the presence of flame retardant
chemicals in furniture does not provide a meaningful fire safety
benefit. In 2013, the Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation promulgated regulations,
revising Technical Bulletin 117 to allow furniture manufacturers to
meet a smoldering standard. The revised Technical Bulletin 117-2013
provides improved fire safety standards without the use of flame
retardant chemicals.
(l) California consumers have voiced a desire to purchase
furniture that complies with Technical Bulletin 117-2013 but does not
contain flame retardant chemicals.
(m) Technical Bulletin 117-2013 can be met with or without the use
of flame retardant chemicals, but consumers currently have no way to
know whether flame retardant chemicals have been added to the
product.
(n) It is, therefore, the intent of the Legislature in enacting
this measure to provide California consumers clear information about
the furniture products they are purchasing, specifically concerning
compliance with fire safety standards and the absence or presence of
added flame retardant chemicals.
SECTION 1. Section 19094 is added to the
Business and Professions Code , to read:
19094. The Legislature finds and declares all of the following:
(a) In 1975, California implemented Technical Bulletin 117, which
requires that materials, such as polyurethane foam, used to fill
furniture be able to withstand a small open flame for at least 12
seconds.
(b) Flame retardant chemicals are used widely in upholstered
furniture to meet the flame retardant standards of the Bureau of
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation's Technical Bulletin 117.
(c) People are exposed to flame retardant chemicals in multiple
ways, including when the chemicals migrate from furniture and other
consumer products into air and dust in the home or workplace.
(d) Some of these chemicals can persist in the environment,
bioaccumulate in people and animals, and have been shown to cause
adverse developmental effects in animals and humans.
(e) A study by the California Environmental Protection Agency
found that women in California have much higher levels of toxic flame
retardants in their breast tissue than women in other states and
countries. Studies published in the journal of Environmental Research
show that children in California have much higher levels of flame
retardant chemicals than children elsewhere in the country.
(f) A study published in the Journal of Occupational and
Environmental Medicine concluded that firefighters have a
significantly elevated risk of cancer that may be attributed to toxic
chemicals they inhale, including flame retardants.
(g) California consumers have become increasingly concerned about
the potential adverse human health impacts due to exposure to certain
chemical flame retardants. Various studies have linked exposure to
flame retardants to cancer, lower IQs and attention problems, male
infertility, male birth defects, and early puberty in girls.
(h) In 2012, the Chairman of the federal Consumer Product Safety
Commission testified to Congress that "the fire-retardant foams did
not offer a practically significant greater level of open flame
safety than the untreated foams."
(i) In 2012, the Chicago Tribune newspaper published a series of
investigative reports that showed that the claims of the efficacy of
flame retardants in furniture misrepresent the science.
(j) In 2012, Governor Brown asked the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation to review
the state's four-decade-old flammability standards and recommend
changes to reduce toxic flame retardants while continuing to ensure
fire safety.
(k) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation concluded that the presence of
flame retardant chemicals in furniture does not provide a meaningful
fire safety benefit. In 2013, the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation promulgated
regulations, revising Technical Bulletin 117 to allow furniture
manufacturers to meet a smoldering standard. The revised Technical
Bulletin 117-2013 provides improved fire safety standards without the
use of flame retardant chemicals.
(l) California consumers have voiced a desire to purchase
furniture that complies with Technical Bulletin 117-2013 but does not
contain flame retardant chemicals.
(m) Technical Bulletin 117-2013 can be met with or without the use
of flame retardant chemicals, but consumers currently have no way to
know whether flame retardant chemicals have been added to the
product.
(n) Upholstered furniture manufacturers and California's retail
industry recognize the intrinsic value of helping consumers make
knowledgeable buying decisions and are uniquely positioned to take
the lead in building trust in the marketplace. Providing information
on the use of chemical flame-retardants in upholstered furniture
gives retailers a unique opportunity to respond to the needs of their
customers. Consumers want to be able to exercise an informed choice
and buy products that are not only safer for themselves and their
families, but are products that will also keep our firefighters
safer.
(o) It is, therefore, the intent of the Legislature in enacting
this measure to provide California consumers clear information about
the furniture products they are purchasing, specifically concerning
compliance with fire safety standards and the absence or presence of
added flame retardant chemicals.
SEC. 2. Section 19094 19095 is added
to the Business and Professions Code, to read:
19094. 19095. (a) For the purposes
of this section, the following definitions shall apply:
(1) "Component" means the separate constituent parts of
upholstered furniture sold in California, including, but not
limited to, as identified in Technical Bulletin
117-2013, specifically cover fabrics, barrier materials,
resilient filling materials, and decking materials.
(2) "Covered products" means any flexible polyurethane foam or
upholstered or reupholstered furniture sold in California that is
required to meet the test requirements set forth in Technical
Bulletin 117-2013, entitled "Requirements, Test Procedure and
Apparatus for Testing the Smolder Resistance of Materials Used in
Upholstered Furniture."
(3) "Added flame retardant chemicals" means flame retardant
chemicals that are present in any covered product or component
thereof at levels above 500 1000 parts
per million.
(4) "Department" means the Department of Toxic Substances Control.
(5) "Consumer Price Index" means the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics.
(b) (1) (A) An
upholstered-furniture A manufacturer of covered
products shall indicate whether or not the product contains added
flame retardant chemicals by including the following
statement "flame retardant chemical statement"
on the label described in Section 1126 of Title 4 of the California
Code of Regulations for covered products:
"This product meets California's furniture fire safety standard
and the upholstery materials :
_____contains added flame retardant chemicals
_____contains NO added flame retardant chemicals
The Bureau of Electronic and Appliance Repair, Home Furnishings,
and Thermal Insulation found that flame retardant chemicals in
furniture do not provide a meaningful fire safety benefit. According
to the Centers for Disease Control and Prevention (CDC), such flame
retardant chemicals can migrate into air and house
dust where people can be exposed to them."
An upholstered-furniture manufacturer
A manufacturer of covered products shall indicate the
absence or presence of added flame retardant chemicals by placing an
"X" in one of the appropriate blanks.
(B)
(2) This statement shall be in
included in the label described in Section 1126 of Title 4 of the
California Code of Regulations in accordance with the bureau's
regulations for that label.
(C)
(3) Notwithstanding any other law, the bureau shall
assess fines for violations of this paragraph
subdivision pursuant to Section 1383.2 of Title 4 of the
California Code of Regulations.
(2) (A) The upholstered-furniture manufacturer of any covered
product sold in California shall provide point-of-sale signs
containing the flame retardant chemical statement to the
upholstered-furniture retailer for each product shipped to
California. For in-store sales in California, the
upholstered-furniture retailer in California shall display the
point-of-sale sign next to the price or description of the covered
product. The point-of-sale sign shall be sized and placed so as to
remain clear and conspicuous to consumers, and the minimum size of
type shall be at least 0.2 inches in height.
(i) For sales of covered products sold in California via an
Internet Web site, the upholstered-furniture retailer in California
shall place the point-of-sale sign containing the flame retardant
chemical statement clearly and conspicuously, and in close proximity
to the covered product's price, on each Internet Web site page that
contains a detailed description of the covered product and its price.
The point-of-sale sign shall be sized and placed so as to remain
clear and conspicuous to a consumer viewing the page.
(ii) For sales of covered products sold in California through
paper catalogs, the upholstered-furniture retailer in California
shall place the point-of-sale sign containing the flame retardant
chemical statement clearly and conspicuously, and in close proximity
to the covered product's price, on each page that contains a detailed
description of the covered product and its price. The point-of-sale
sign shall be sized and placed so as to remain clear and conspicuous
to consumers.
(B) The bureau shall assess fines for violations of this paragraph
in accordance with the factors described in subdivision (e) and the
following schedule:
(i) The fine for the first violation shall be not less than one
thousand dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500).
(ii) The fine for the second violation shall be not less than two
thousand five hundred dollars ($2,500) but not more than five
thousand dollars ($5,000).
(iii) The fine for the third violation shall be not less than five
thousand dollars ($5,000) but not more than seven thousand five
hundred dollars ($7,500).
(iv) The fine for any subsequent violation shall be not less than
seven thousand five hundred dollars ($7,500) but not more than ten
thousand dollars ($10,000).
(c) If flame retardant chemicals are added to a covered product
sold in California, the upholstered-furniture manufacturer shall make
good faith efforts to determine the various flame retardant
chemicals used in its products and report this information
semi-annually to the bureau. The bureau shall make this information
publicly available on its Internet Web site. If information on the
specific flame retardant chemicals used in the covered product is not
known to the upholstered-furniture manufacturer, the
upholstered-furniture manufacturer may report the trade name of the
chemical mixture used.
(d) (1) (A) If any flame retardant chemical was added to the
covered product or any component thereof sold in California, the
upholstered-furniture manufacturer of the covered product shall
retain sufficient documentation to show the chemicals and the amounts
of the chemicals that were added.
(B) If no flame retardant chemicals were added to the covered
product sold in California, the upholstered-furniture
(c) (1) The
manufacturer of the covered product sold in California shall retain
documentation that no to show whether
flame retardant chemicals were added. A written statement
affidavit by the supplier of each component
of the furniture covered by Technical
Bulletin 117-2013 attesting under penalty of perjury
that no flame retardant chemicals were
added or not added shall be sufficient documentation.
(2) The bureau shall ensure compliance with labeling and
documentation of chain of custody requirements in this section.
(3) (A) Upon request, an upholstered-furniture
a manufacturer of a covered product sold in California
shall provide to the bureau, within 30 days of the request,
documentation establishing the accuracy of the flame retardant
chemical statement on the label and sign required
by subdivision (b).
(B) The bureau shall assess fines of not less than two thousand
five hundred dollars ($2,500) but not more than fifteen thousand
dollars ($15,000) in accordance with the factors described in
subdivision (e) for the failure of the upholstered-furniture
manufacturer of the covered product to maintain
the required chain of custody documentation.
(C) The bureau shall provide the Department of Toxic Substances
Control with samples of the covered product or components thereof
sold in California from products marked "contains NO added flame
retardant chemicals" for testing for the presence of added flame
retardant chemicals. The department shall provide the results of all
testing to the bureau.
(D) (i) If the department's testing shows that a covered product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, the
bureau may assess fines for violations against
upholstered-furniture manufacturers of the covered product
and component manufacturers to be held jointly and severally liable
for the violation.
(ii) A fine for a violation of this subparagraph relating to
mislabeling shall be assessed in accordance with factors described in
subdivision (e) and the following schedule:
(I) The fine for the first violation shall be not less than one
thousand dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500).
(II) The fine for the second violation shall be not less than two
thousand five hundred dollars ($2,500) but not more than five
thousand dollars ($5,000).
(III) The fine for the third violation shall be not less than five
thousand dollars ($5,000) but not more than seven thousand five
hundred dollars ($7,500).
(IV) The fine for any subsequent violation shall be not less than
seven thousand five hundred dollars ($7,500) but not more than ten
thousand dollars ($10,000).
(iii) If the department's testing shows that a covered product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request that
the labels and signs label required by
subdivision (b) for covered products that belong to the same stock
keeping unit (SKU) currently produced by the manufacturer be
corrected to reflect that flame retardant chemicals are added to the
covered product.
(iv) If the department's testing shows that a covered product
labeled as "contains NO added flame retardant chemicals" is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request
additional testing of more products belonging to the same stock
keeping unit (SKU) at the manufacturer's expense to verify the
accuracy of the label or sign required by
subdivision (b) for covered products if the manufacturer wishes to
retain the "contains NO added flame retardant chemicals" designation
on the label or sign required by subdivision (b).
(E) An upholstered-furniture A
manufacturer of covered products and component suppliers shall be
jointly and severally liable for violations of chain of custody
requirements in this subdivision.
(e)
(d) (1) Notwithstanding any other law, the bureau may
issue a citation, including a citation with a fine, for a violation
of this section, and shall make citation information available to the
public.
(2) In determining the amount of the fine associated with a
citation, the bureau shall consider the following factors:
(A) The nature and severity of the violation.
(B) The good or bad faith of the cited person.
(C) The history of previous violations.
(D) Evidence that the violation was willful.
(E) The extent to which the cited person or entity has cooperated
with the bureau.
(3) (A) The bureau shall adjust all minimum and maximum fines
imposed by this section for inflation every five years.
(B) The adjustment shall be equivalent to the percentage, if any,
that the Consumer Price Index at the time of adjustment exceeds the
Consumer Price Index at the time this section goes into effect. Any
increase determined under this paragraph shall be rounded as follows:
(i) In multiples of ten dollars ($10) in the case of penalties
less than or equal to one hundred dollars ($100).
(ii) In multiples of one hundred dollars ($100) in the case of
penalties greater than one hundred dollars ($100) but less than or
equal to one thousand dollars ($1,000).
(iii) In multiples of one thousand dollars ($1,000) in the case of
penalties greater than one thousand dollars ($1,000).
(4) It shall be the duty of the bureau to receive complaints from
consumers concerning covered products sold in California.
(f) The bureau shall establish requirements for providing
translations of the flame retardant chemical statement in other
languages on the sign required by subdivision (b) as may be needed.
(g)
(e) The bureau may adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) in
order to carry out the provisions of this section.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.