JurisdictionCaliforniaCode BPCBusiness and Professions Code - BPC
Div. 8.DIVISION 8. SPECIAL BUSINESS REGULATIONS
Ch. 3.CHAPTER 3. Home Furnishings
Art. 5.5.ARTICLE 5.5. Juvenile Products, Upholstered Furniture, and Mattresses
This text of California § 19101. (19101. (Amended by Stats. 2023, Ch. 461, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)On or after January 1, 2020, a person, including a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals at levels above 1,000 parts per million.
(b)On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.
(c)The prohibitions in subdivisions (a) and (b) do not apply to the following:
(1)Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered
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(a)
On or after January 1, 2020, a person, including a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals at levels above 1,000 parts per million.
(b)
On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.
(c)
The prohibitions in subdivisions (a) and (b) do not apply to the following:
(1)
Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered furniture, or any associated casing for those electronic components.
(2)
Upholstered or reupholstered furniture components other than those identified in paragraph (1) of subdivision (a) of Section 19094.
(3)
Thread or fiber when used for stitching mattress components together.
(4)
Aramid fiber when used in fabric in the interior of a mattress or in fabric that covers the bottom (nonsleep surface) of a mattress that has a sleeping surface on only one side of the mattress.
(5)
Modacrylic fiber without antimony trioxide or other covered flame retardant chemicals.
(6)
Until January 1, 2027, components of adult mattresses other than foam. As used in this paragraph, “adult mattresses” means mattresses other than toddler mattresses, crib mattresses, and other infant sleep products.
(d)
(1)
On or before October 1, 2025, the International Sleep Products Association shall submit to the bureau a quantitative health risk assessment of modacrylic fiber without antimony trioxide that was performed by an independent toxicologist who is board-certified by the American Board of Toxicology.
(2)
The bureau shall post the assessment conducted pursuant to subdivision (a) on its internet website.
(e)
(1)
Notwithstanding subdivisions (b) and (c) of Section 25257.1 of the Health and Safety
Code, this section shall not be construed to prohibit or restrict the authority of the Department of Toxic Substances Control to prioritize or take action on any products containing a covered flame retardant chemical in order to limit exposure to or reduce the level of hazard posed by these covered flame retardant chemicals.
(2)
If the Department of Toxic Substances Control adopts a regulatory response described in the Safer Consumer Products Program (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations) governing the use of a flame retardant chemical in a product covered by this section, this section shall not apply to the use of that chemical upon the date that the department posts a notice on its internet website that it has adopted the regulatory response.