Regulation  310 CMR 78.00 : Ban of Covered Products Containing Certain Flame Retardants

Date:	09/16/2022
Organization:	Massachusetts Department of Environmental Protection
Regulatory Authority:	Acts of 2020, Section 261
Official Version:	Massachusetts State Bookstore

The regulation would apply to any manufacturer or retailer that sells, offers or manufactures for sale, distributes in commerce, or imports into Massachusetts a covered product.

This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

Flame Retardants Law

On January 1, 2021, Governor Baker signed the Acts of 2020, Chapter 261, adding Section 28 to Chapter 21A of the Massachusetts General Laws, which states:

A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product, except for inventory manufactured prior to December 31, 2021, that contains any of the following chemical flame retardants or a chemical analogue the total weight of which exceeds 1,000 parts per million for any component part of the covered product: 

1. Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abstracts Service number 13674–87–8); 
2. Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number 115–96–8); 
3. Antimony trioxide (Chemical Abstracts Service number 1309–64–4); 
4. Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number 25637–99–4); 
5. Bis(2-Ethylhexyl)-3,4,5,6- tetrabromophthalate (TBPH) (Chemical Abstracts Service number 26040–51–7); 
6. 2-EthylhexYl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service number 183658– 27–7); 
7. Chlorinated paraffins (Chemical Abstracts Service number 85535–84–8); 
8. Tris (1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number 13674–84–5); 
9. PentaBDE (Chemical Abstracts Service number 32534-81-9); 
10. OctaBDE (Chemical Abstracts Service number 32536-52-0); 
11. Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79-94-7)

The law defines covered products that include bedding, carpeting, children’s products, residential upholstered furniture, and window treatments. 

It also instructs the Department of Environmental Protection (MassDEP) to review, identify and recommend, if applicable, other flame retardants to prohibit if the agency determines they may present a toxic hazard to people. MassDEP will conduct this review not less than every three years.

Manufacturers of covered products are required to notify retailers and others who distribute or sell them of the new law's passage no later than July 1, 2021. 

MassDEP conducted outreach to manufacturers, retailers, and others to make them aware of the new law and their related compliance obligations. See Downloads below to learn more.

Supporting Research

According to the U.S. Environmental Protection Agency (EPA), test data and monitoring studies in humans and the environment have demonstrated that certain flame retardant chemicals can:

• Persist in the environment,
• Bioaccumulate in people and animals, and
• Cause adverse developmental effects in animals.

See the EPA Consumer Fact Sheet on Flame Retardants for additional information.

Proposed Regulations

310 CMR 78.00: Proposed Ban of Covered Products Containing Certain Flame Retardants

The proposed regulation would apply to any manufacturer or retailer that sells, offers or manufactures for sale, distributes in commerce, or imports into Massachusetts a covered product.

Proposed Regulations September 2022

• 310 CMR 78.00: Proposed Ban of Covered Products Containing Certain Flame Retardants
• Background Document
• Public Notice: English | Español | 中文 | 中文(繁體) | Kreyòl Ayisyen | ភាសាខ្មែរ | Português | Tiếng Việt
  Public Comment Period: Closed

Downloads

MassDEP Email to Manufacturers & Retailers, November 2021

MassDEP Letter to Manufacturers, April 2021

MassDEP Letter to Retailers, April 2021