Amended in Assembly June 30, 2014

Amended in Assembly June 18, 2014

Amended in Assembly June 10, 2014

Amended in Senate May 27, 2014

Amended in Senate April 21, 2014

Amended in Senate March 24, 2014

Senate BillNo. 1019


Introduced by Senator Leno

February 14, 2014


An act to add Section 19094 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 and each offense is punishable by a fine, as specified.

Existing state law requires certain upholstered furniture to contain a specified label that is permanently attached 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 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 require the manufacturer of the covered product to retain sufficient documentation to show whether flame retardant chemicals were added to a covered product or component. The bill would provide that a written statement by the supplier of each component attesting that flame retardant chemicals were added or not added is sufficient to make this showing. The bill would require the bureau to assess a fine for a violation of the documentation requirement or for failure to provide, upon request, the required documentation to the bureau, as specified.

The bill would require a manufacturer of a covered product sold in California, upon request, to provide to the bureau, within 30 days of the request, documentation establishing the accuracy of the flame retardant chemical statement on the 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 “contain NO added flame retardant chemicals” for testing for the presence of added flame retardant chemicals, as specified. If the department’s testing shows that a covered product labeled as “contain NO added flame retardant chemicals” is mislabeled because it contains added flame retardant chemicals, the bill would require the bureau to assess fines for violations against manufacturers of the covered product and component manufacturers, as specified.

The bill would require the bureau to make information about any citation issued pursuant to its provisions available to the public on its Internet Web site. The bill would also make it the duty of the bureau to receive consumer complaints.

The bill would authorize the bureau to adopt regulations 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) In 1975, California implemented Technical Bulletin 117,
4which requires that materials, such as polyurethane foam, used to
5fill furniture be able to withstand a small open flame for at least
612 seconds.

7(b) Flame retardant chemicals are used widely in upholstered
8furniture to meet the flame retardant standards of the Bureau of
9Electronic and Appliance Repair, Home Furnishings, and Thermal
10Insulation’s Technical Bulletin 117.

11(c) People are exposed to flame retardant chemicals in multiple
12ways, including when the chemicals migrate from furniture and
13other consumer products into air and dust in the home or
14workplace.

15(d) Some of these chemicals can persist in the environment,
16bioaccumulate in people and animals, and have been shown to
17cause adverse developmental effects in animals and humans.

18(e) A study by the California Environmental Protection Agency
19found that women in California have much higher levels of toxic
20flame retardants in their breast tissue than women in other states
21and countries. Studies published in the journal of Environmental
22Research show that children in California have much higher levels
23of flame retardant chemicals than children elsewhere in the country.

P4    1(f) A study published in the Journal of Occupational and
2Environmental Medicine concluded that firefighters have a
3significantly elevated risk of cancer that may be attributed to toxic
4chemicals they inhale, including flame retardants.

5(g) Various studies have linked exposure to flame retardants to
6cancer, lower IQs and attention problems, male infertility, male
7birth defects, and early puberty in girls.

8(h) In 2012, Governor Brown asked the Bureau of Electronic
9and Appliance Repair, Home Furnishings, and Thermal Insulation
10to review the state’s four-decade-old flammability standards and
11recommend changes to reduce toxic flame retardants while
12continuing to ensure fire safety.

13(i) The Bureau of Electronic and Appliance Repair, Home
14Furnishings, and Thermal Insulation concluded that “studies show
15that fire retardant (FR) tested foam does not provide a meaningful
16difference in egress time from non-FR foam and increases
17smoldering propensity.” In 2013, the Bureau of Electronic and
18Appliance Repair, Home Furnishings, and Thermal Insulation
19promulgatedbegin delete regulations,end deletebegin insert regulationsend insert revising Technical Bulletin
20117 to allow furniture manufacturers to meet a smoldering standard.
21The revised Technical Bulletin 117-2013 provides improved fire
22safety standards without the use of flame retardant chemicals.

23(j) Technical Bulletin 117-2013 can be met with or without the
24use of flame retardant chemicals, but consumers currently have
25no way to know whether flame retardant chemicals have been
26added to the product.

27(k) Consumers want to be able to exercise an informed choice
28and buy products that are not only safer for themselves and their
29families, but are products that will also keep our firefighters safer.

30(l) It is, therefore, the intent of the Legislature in enacting this
31measure to provide California consumers clear information about
32the furniture products they are purchasing, specifically concerning
33compliance with fire safety standards and the absence or presence
34of added flame retardant chemicals.

35

SEC. 2.  

Section 19094 is added to the Business and Professions
36Code
, to read:

37

19094.  

(a) For the purposes of this section, the following
38definitions shall apply:

39(1) “Component” means the separate constituent parts of
40upholstered furniture sold in California, as identified in Technical
P5    1Bulletin 117-2013, specifically cover fabrics, barrier materials,
2resilient filling materials, and decking materials.

3(2) “Covered products” means any flexible polyurethane foam
4or upholstered or reupholstered furniture sold in California that is
5required to meet the test requirements set forth in Technical
6Bulletin 117-2013, entitled “Requirements, Test Procedure and
7Apparatus for Testing the Smolder Resistance of Materials Used
8in Upholstered Furniture.”

9(3) “Added flame retardant chemicals” means flame retardant
10chemicals that are present in any covered product or component
11thereof at levels above 1,000 parts per million.

12(4) “Department” means the Department of Toxic Substances
13Control.

14(5) “Consumer Price Index” means the Consumer Price Index
15for All Urban Consumers published by the Bureau of Labor
16Statistics.

17(b) (1) A manufacturer of covered products shall indicate
18whether or not the product contains added flame retardant
19chemicals by including the following “flame retardant chemical
20statement” on the label described in Section 1374.3 of Title 4 of
21the California Code of Regulations for covered products:


23“The upholstery materials in this product:

24_____contain added flame retardant chemicals

25_____contain NO added flame retardant chemicals

26The State of Californiabegin insert has updated the flammability standard
27andend insert
determined that the fire safety requirements for this product
28can be met without adding flame retardant chemicals. The state
29has identified many flamebegin delete retardantsend deletebegin insert retardant chemicals end insertas being
30known to, or strongly suspected of, adversely impacting human
31health or development.”


33 A manufacturer of covered products shall indicate the absence
34or presence of added flame retardant chemicals by placing an “X”
35in one of the appropriate blanks.

36(2) This statement shall be included in the label described in
37Section 1374.3 of Title 4 of the California Code of Regulations in
38accordance with the bureau’s regulations for that label. The
39statement need not be in all capital letters, and shall follow the
P6    1statement required by Section 1374.3 of Title 4 of the California
2Code of Regulations.

3(c) (1) The manufacturer of the covered product sold in
4California shall retain documentation to show whether flame
5retardant chemicals were added. A written statement by the supplier
6of each component covered by Technical Bulletin 117-2013
7attesting either that flame retardant chemicals were added or not
8added shall be sufficient documentation.

9(2) The bureau shall ensure compliance with the labeling and
10documentation requirements in this section.

11(3) (A) Upon request, a manufacturer of a covered product sold
12in California shall provide to the bureau, within 30 days of the
13request, documentation establishing the accuracy of the flame
14retardant chemical statement on the label required by subdivision
15(b).

16(B) The bureau shall assess fines of not less than two thousand
17five hundred dollars ($2,500) but not more than fifteen thousand
18dollars ($15,000) in accordance with the factors described in
19subdivision (d) for the failure of the manufacturer of the covered
20product to maintain the documentation required by this section,
21or for the failure of the manufacturer of the covered product to
22provide, upon request, the documentation required by this section
23to the bureau. These fines shall replace any other fines in this article
24for a violation of the documentation requirements of this section.
25This subparagraph does not alter or amend any other penalty
26otherwise imposed by this article.

27(C) A manufacturer of covered products and component
28suppliers shall be jointly and severally liable for violations of the
29documentation required in this section.

30(D) The bureau shall provide the Department of Toxic
31Substances Control with a selection of samples from covered
32products marked “contain NO added flame retardant chemicals”
33for testing for the presence of added flame retardant chemicals.
34The samples shall be from the components identified in paragraph
35(1) of subdivision (a). The bureau shall select samples based on
36consultation with the department, taking into account a range of
37manufacturers and types of covered products. The bureau and the
38department shall consult on the tests to be conducted by the
39department. The department shall provide the results of any
40completed test to the bureau.

P7    1(E) (i) If the department’s testing shows that a covered product
2labeled as “contain NO added flame retardant chemicals” is
3mislabeled because it contains added flame retardant chemicals,
4the bureau may assess fines for violations against manufacturers
5of the covered product and component manufacturers to be held
6jointly and severally liable for the violation.

7(ii) A fine for a violation of this subparagraph relating to
8mislabeling shall be assessed in accordance withbegin insert theend insert factors
9described in subdivision (d) and the following schedule:

10(I) The fine for the first violation shall be not less than one
11thousand dollars ($1,000) but not more than two thousand five
12hundred dollars ($2,500).

13(II) The fine for the second violation shall be not less than two
14thousand five hundred dollars ($2,500) but not more than five
15thousand dollars ($5,000).

16(III) The fine for the third violation shall be not less than five
17thousand dollars ($5,000) but not more than seven thousand five
18hundred dollars ($7,500).

19(IV) The fine for any subsequent violation shall be not less than
20seven thousand five hundred dollars ($7,500) but not more than
21ten thousand dollars ($10,000).

22(iii) The fines in clause (ii) shall replace any other fines in this
23article for a violation of the testing requirements of this section.
24This clause does not alter or amend any other penalty otherwise
25imposed by this article.

26(iv) If the department’s testing shows that a covered product
27labeled as “contain NO added flame retardant chemicals” is
28mislabeled because it contains added flame retardant chemicals,
29in addition to a fine or any other request, the bureau may request
30that the label required by subdivision (b) for covered products that
31belong to the same stock keeping unit (SKU) currently produced
32by the manufacturer be corrected to reflect that flame retardant
33chemicals are added to the covered product.

34(v) If the department’s testing shows that a covered product
35labeled as “contain NO added flame retardant chemicals” is
36mislabeled because it contains added flame retardant chemicals,
37in addition to a fine or any other request, the bureau may request
38additional testing of more products belonging to the same stock
39keeping unit (SKU) at the manufacturer’s expense to verify the
40accuracy of the label required by subdivision (b) for covered
P8    1products if the manufacturer wishes to retain the “contain NO
2added flame retardant chemicals” designation on the label required
3by subdivision (b).

4(d) (1) The bureau shall make information about any citation
5issued pursuant to this section available to the public on its Internet
6Web site.

7(2) In determining the amount of the fine for violations of this
8section, the bureau shall consider the following factors:

9(A) The nature and severity of the violation.

10(B) The good or bad faith of the cited person.

11(C) The history of previous violations.

12(D) Evidence that the violation was willful.

13(E) The extent to which the cited person or entity has cooperated
14with the bureau.

15(3) (A) The bureau shall adjust all minimum and maximum
16fines imposed by this section for inflation every five years.

17(B) The adjustment shall be equivalent to the percentage, if any,
18that the Consumer Price Index at the time of adjustment exceeds
19the Consumer Price Index at the time this section goes into effect.
20Any increase determined under this paragraph shall be rounded as
21follows:

22(i) In multiples of ten dollars ($10) in the case of penalties less
23than or equal to one hundred dollars ($100).

24(ii) In multiples of one hundred dollars ($100) in the case of
25penalties greater than one hundred dollars ($100) but less than or
26equal to one thousand dollars ($1,000).

27(iii) In multiples of one thousand dollars ($1,000) in the case
28of penalties greater than one thousand dollars ($1,000).

29(4) It shall be the duty of the bureau to receive complaints from
30consumers concerning covered products sold in California.

31(e) The bureau may adopt regulations pursuant to the
32Administrative Procedure Act (Chapter 3.5 (commencing with
33Section 11340) of Part 1 of Division 3 of Title 2 of the Government
34Code) to carry out this section.

35

SEC. 3.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P9    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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