MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A
By: Senator(s) Jackson (32nd)
AN ACT TO PROHIBIT MANUFACTURERS OR WHOLESALERS FROM MANUFACTURING, SELLING, OFFERING FOR SALE, DISTRIBUTING FOR SALE OR DISTRIBUTING FOR USE IN THIS STATE A CHILDREN'S PRODUCT OR UPHOLSTERED RESIDENTIAL FURNITURE CONTAINING CERTAIN AMOUNTS OF FLAME-RETARDANT CHEMICALS; TO PROHIBIT CERTAIN REPLACEMENT FLAME-RETARDANT CHEMICALS; TO REQUIRE A REPORT FROM THE STATE HEALTH OFFICER, IN CONSULTATION WITH THE STATE FIRE MARSHAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section, the following terms have the following meanings unless the context clearly requires otherwise:
(a) "Child" means a person under twelve (12) years of age.
(b) "Children's product" means a product primarily designed or intended by a manufacturer to be used by or for a child, including any article used as a component of such a product, but excluding food, beverage, dietary supplement, pharmaceutical product or biologic, children's toys that are subject to the most recent version of the American Society for Testing and Materials F963, Standard Consumer Safety Specification for Toy Safety, a medical device as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, Title 21, Section 321(h), products listed under Section 116.9405, clauses (10) and (11), and products listed under Section 325F.03 and 325F.04.
(c) "Upholstered residential furniture" means furniture with padding, coverings and cushions intended and sold for use in the home or places of lodging.
(2) On and after July 1, 2018, no manufacturer or wholesaler may manufacture, sell, offer for sale, distribute for sale or distribute for use in this state a children's product or upholstered residential furniture containing, in amounts greater than one thousand (1,000) parts per million in any product component, the following flame-retardants:
(a) TDCPP (tris(1,3-dichloro-2-propyl)phosphate), Chemical Abstracts Service Number 13674-87-8;
(b) Decabromodiphenyl ether, Chemical Abstracts Service Number 1163-19-5;
(c) Hexabromocyclododecane, Chemical Abstracts Service Number 25637-99-4; and
(d) TCEP (tris(2-chloroethyl)phosphate), Chemical Abstracts Service Number 2.6 115-96-8.
(3) On and after July 1, 2019, no retailer may sell or offer for sale or use in this state a children's product or upholstered residential furniture containing in amounts greater than one thousand (1,000) parts per million in any product component the flame retardant chemicals listed in subsection (2) of this section.
(4) The sale or offer for sale of any previously owned product containing a chemical restricted under this section is exempt from the provisions of this section.
(5) A manufacturer shall not replace a chemical whose use is prohibited under this section with a chemical identified on the basis of credible scientific evidence by a state, federal or international agency as being known or suspected with a high degree of probability to:
(a) Harm the normal development of a fetus or child or cause other developmental toxicity;
(b) Cause cancer, genetic damage or reproductive harm;
(c) Disrupt the endocrine or hormone system; or
(d) Damage the nervous system, immune system or organs, or cause other systemic toxicity.
(6) By January 15, 2018, the State Health Officer, in consultation with the State Fire Marshal, shall report to the Governor, Lieutenant Governor and Speaker of the House of Representatives:
(a) The status of federal, international and other states' laws and regulations in identifying, prioritizing, evaluating and regulating the use of flame retardants in upholstered furniture, mattresses and carpet pads;
(b) The status of relevant fire safety standards and practices for residential settings for products, including mattresses, upholstered furniture and carpet pads;
(c) The status of and any authoritative findings from studies and reports on a direct link to meaningful negative health and safety effects and impacts on firefighters of flame retardants covered by this section, particularly as it relates to the combustion of flame retardants in articles in actual firefighting settings relative to overall smoke hazards and combustion byproducts.
In developing the report, the agency may consult with stakeholders, including representatives of state agencies, product manufacturers, chemical manufacturers, firefighters, public health experts and independent scientists. The report must include information on any stakeholder process consulted with or used in developing the report.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.