SGS is reminding stakeholders that from January 1, 2019, businesses operating in San Francisco must begin to comply with the ‘Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products’ Ordinance, No. 211-17.
Originally signed into law in November 2017, the ordinance prohibits all ‘covered products’ containing flame retardants at a level above 1000 ppm. The effective dates for the ordinance are:
- January 1, 2019 – for upholstered furniture, reupholstered furniture and juvenile products
- July 1, 2019 – for ‘covered products’ containing electrical or electronic components
To help businesses comply with the new regulations and understand the petition process, the Department of the Environment (DoE) published guidelines – Regulations SFE-18-01-FR – on June 21, 2018.
- All upholstered furniture must be affixed with a label that meets the requirements of Section 19094 of the Business and Professions Code, and states that the item does not contain flame retardant chemical(s)
- Compliance files for upholstered furniture containing electrical/electronic components and juvenile products must be retained and made available for inspection within 30 days of request by the DoE. It should contain a written statement from the supplier attesting that the product, or group of products, does not contain a flame retardant chemical. Such information should also be made available for consumers upon request
- Any person representing a group of establishments, a group of product manufacturers, or a product manufacturer, may submit a request for alternative methods of compliance for either reupholstered furniture or juvenile products
A waiver from strict compliance with the ordinance can be applied for by either an establishment or person. The application will be subject to certain conditions and may represent one or several establishments.
To apply for a waiver the petition must include:
- Contact information of petitioner and establishment
- Name of product and manufacturer
- Name, chemical formula and CAS number of flame retardant, including its concentration in a product’s component
- Justification for having flame retardant(s) in the product
- Timeframe required to eliminate flame retardant(s) from the product
- Additional supporting documentation
To apply for a waiver, the petition should be sent toPetitions should be received by:
- September 30, 2018 – all ‘Covered Products’ without electrical or electronic components
- February 28, 2019 – all ‘Covered Products’ with electrical or electronic components
The waiver is granted for a set period of time but can be extended if the petitioner can prove that strict compliance will cause severe hardship or practical difficulty. The request must be delivered at least 90 days before the initial waiver period expires.
Stakeholders are advised to now check their products are compliant with the latest regulations concerning flame retardants in the US and San Francisco.
SGS Home Furnishings & Houseware Services
SGS helps companies deliver well-designed, functional, durable and safe products to their customers. They have the furniture industry, regulatory and technical expertise to check a products’ compliance against relevant international standards and/or your own specifications. Using their global network of laboratories, they provide a range of services, including analytical testing and consultancy for flame retardants in consumer products for the US and international markets. Learn more about SGS’s Home Services.
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For further information contact:
Global Information and Innovation Manager
Tel:(+852) 2774 7420
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 95,000 employees, SGS operates a network of over 2,400 offices and laboratories around the world.