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Update and Overview: U.S. PBDE Legislation July 2007 (07B-139)
There have been a number of recent developments regarding the regulation of polybrominated diphenyl ethers (PBDEs) in consumer products in the United States. PBDEs are widely used as a flame retardant in a variety of products including clothes, furniture and electronics. The following provides a summary of recently passed laws along with a list of pending bills.
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PBDE Legislation |
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The following states have legislation banning the use of PentaBDE and OctaBDE in a product at levels in excess of 0.1%: California, Hawaii, Illinois, Maine, Michigan, New York, Oregon, and Maryland (Note: Effective date for Maryland’s ban is October 1, 2008).
Maine: An Act to Protect Pregnant Women and Children from Toxic Chemicals Released into the Home, restricts the sale and distribution of “deca” mixture of PBDEs in electronics and home furniture on or after January 1, 2008.
Minnesota: Minnesota Session Laws 2007, Chapter 48 On or after September 1, 2007, a manufacturer must not sell a new video display device unless the manufacturer has filed a registration with the agency. By September 1, 2008, the registration submitted must include a statement disclosing whether any video display devices sold to households exceed the maximum concentration polybrominated biphenyls (PBBs), and PBDEs as required by RoHS Directive (2002/95/EC) of the European Parliament.
New York City Administrative Code: Title 6, Chapter 3, Subchapter 5, Section 6-312 No new covered electronic device shall contain lead, mercury, cadmium, hexavalent chromium, PBBs or PBDEs.
Washington: Laws of 2007, Chapter 65: Polybrominated Diphenyl Ethers. Phases out the use of PBDEs in a product and decaBDE in mattresses, upholstered furniture, televisions or computer after January 1, 2008.
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Proposed PBDE Bills |
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The following states have proposed bills to ban the use of decabrominated diphenyl ether mainly in upholstered furniture, televisions, computers, mattresses and mattress pads: - California - Hawaii - Illinois - Michigan - New York
Minnesota: Proposed Bill S651/H934; beginning January 1, 2008 would restrict the manufacture and sale of a product containing more than 0.1% penta and octa bromodiphenyl ethers. (Note: This bill has passed. Please see Bulletin 07B-150 for details.)
California, Connecticut, Illinois, Massachusetts, Rhode Island and Wisconsin have proposed bills to phase out or eliminate the use of PBDEs.
| How Bureau Veritas can Help You: We are leader in consumer products testing services, with experienced technical professionals who can provide testing for the presence and percentage of PBDE in a variety of consumer products. We also offer comprehensive services to address specific product and supply chain concerns including analytical testing, auditing and inspections
For More Information: Please contact your client services representative or nearest Bureau Veritas Consumer Products Services location; or visit www.cps.bureauveritas.com
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
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