§ 38 §1609-A — Residential upholstered furniture

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Sales prohibition.
Except as otherwise provided in section 1609, subsection 4, beginning January 1, 2019, a person may not sell or offer to sell or distribute for promotional purposes upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture that includes flame-retardant chemicals.
3.
Exemptions.
The restrictions in subsection 2 do not apply to the following upholstered furniture products containing flame-retardant chemicals:
3-A.
Retailer indemnification.
If upholstered furniture delivered to a retailer in the State by the manufacturer of the upholstered furniture is subsequently determined to contain flame-retardant chemicals such that it is prohibited from sale or distribution in the State under subsection 2, the retailer is entitled to a full refund from the manufacturer with respect to that upholstered furniture, including shipping and other related costs.
4.
Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2017, c. 311, §1 (NEW). PL 2021, c. 221, §§1-4 (AMD).