NYS Gov. Signs "The Family & Firefighter Protection Act"

Press Release:

Governor Kathy Hochul has announced the signing of legislation S.4630-B / A.5418-B which will prohibit the sale of furniture, mattresses, and electronic displays containing certain dangerous flame retardant chemicals that have been linked to significantly elevated risks of neurological injury, hormone disruption, and cancer.

"Far too many household items contain toxic chemicals that put our children and first responders at risk for serious illness," Governor Hochul said. "The furniture, mattresses, and electronics we buy should be safe and with this legislation signed, we can now ensure that when these items are sold in New York, they will be free of hazardous materials."

This bill will regulate chemicals in upholstered furniture, mattresses, and electronic enclosures. It helps to define terms like halogenated chemical, organophosphorus chemical, and organonitrogen chemical. It prohibits the sale of any furniture that contains identified flame retardant chemicals. It also established a fine of up to $2,500 per day for repeated offenses.

Flame Retardants are a class of chemicals added to furniture, electronics, and building materials intended to help prevent fires. However, many flame retardants are associated with adverse health effects in animals and humans, including negative impacts on the immune system, infertility, cancer, and adverse effects on fetal and child development. Children are extremely susceptible to exposure to dangerous chemicals contained in flame retardants.

Flame retardant chemicals are also difficult to break down, meaning they can remain persistent in the environment or a home for years. By implementing a restriction on the sale of certain products containing identifiably dangerous flame retardant chemicals, will ensure New Yorkers, and their children, are not exposed to hazardous toxins. Moreover, these toxic chemicals have limited value, if any, in preventing or suppressing fires, as other states that have enacted legislation have not experienced more fires or new safety concerns associated with the removal of those chemicals from products.
Link to signed Bill

Key Effective Dates:

The legislation prohibits, effective from 1 January 2024 the sale or offer for sale of any upholstered furniture and mattresses containing an intentionally added covered flame retardant chemical, although this prohibition would not apply to electronic components of mattresses or furniture, thread or fibers when used for stitching mattress components together, as well as certain other textiles.

Beginning on 1 January 2023, custom upholsterers in the state would be barred from repairing, re-upholstering, re-covering, restoring or renewing upholstered furniture or re-upholstered furniture using replacement components containing an intentionally added covered flame retardant.