By Bob Katzen

On September 19, 2019, the Senate 38-0, approved and sent to the House a bill that would ban 11 toxic flame retardants from children’s products, bedding, carpeting and residential upholstered furniture sold or manufactured

in Massachusetts, except for inventory already manufactured prior to August 31, 2020. Another provision requires the Department of Environmental Protection to review, at least every three years, chemical flame retardants used in these type of products and include them on the list of prohibited chemical flame retardants that are documented to pose a health risk. Violators would be fined up to $1,000 for a first offense, and up to $5,000 for a second and subsequent offense.

Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles and electronic devices are exempt from this law as are any previously owned products that contain a retardant.

The House and Senate approved the bill at the end of the 2018 legislative session, but Gov. Baker did not sign it. “Massachusetts can be a leader in this area, but the specifics of the bill that emerged during the last hours of the legislative session limit its potential effectiveness,” Baker wrote to legislators. “A deliberative process involving all stakeholders and an implementation schedule that takes into account the realities of manufacturing and distribution practices are key components to any legislation. I look forward to working with the bill sponsors and stakeholders on a revised form of this legislation in the [2019] session.”

Supporters say, that since 1975, manufacturers have added chemical flame retardants to a wide array of household items including products with polyurethane foam, such as sofas, car seats, strollers and nap mats. They are also incorporated into electronic products and building insulation.

They argue that the retardants, while well-intentioned, do more harm than good and have been linked to an increased risk of cancer, fertility problems, neurological disorders and other major health concerns. They note that firefighters are exposed to flame retardants when they go into burning buildings.

“I filed the first bill to ban flame retardants in homes and children’s products many sessions ago,” the bill’s sponsor Sen. Cynthia Creem (D-Newton) told Beacon Hill Roll Call. “And Rep. Marjorie Decker, the lead House sponsor, and I had high hopes at the end of last session, with firefighters and environmental advocates on hand for enactment, only to have the governor refuse to sign this into law. I am anxiously waiting for the House to move forward, and hopeful the governor goes along this time. The science is there on dangerous flame retardants in our homes and delay is only continuing to risk the health of firefighters and children.”

Ryan Trainer, president of the International Sleep Products Association, said that banning one specific chemical—antimony trioxide—would limit mattress manufacturers’ ability to meet federal flammability standards. He said that if the bill passed, it could force the redesign of many mattress styles, which would raise prices for consumers and businesses.

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