HB 199: "An Act relating to flame retardants and to the manufacture, distribution, and sale of products containing flame retardants; and providing for an effective date."

00 HOUSE BILL NO. 199 01 "An Act relating to flame retardants and to the manufacture, distribution, and sale of 02 products containing flame retardants; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.31 is amended by adding new sections to read: 05 Article 5. Chemicals. 06 Sec. 18.31.600. Flame retardant prohibitions. A person may not, in the 07 course of business in the state, manufacture, sell, or distribute upholstered furniture or 08 a children's item if a component of the upholstered furniture or children's item 09 contains 100 or more parts per million by mass of the following flame retardants: 10 (1) tris(1,3-dichloro-2-propyl)phosphate (TDCPP), chemical abstracts 11 service number 13674-87-8; 12 (2) tris(2-chloroethyl)phosphate (TCEP), chemical abstracts service 13 number 115-96-8; 14 (3) tetrabromobisphenol A (TBBPA), chemical abstracts service

01 number 79-94-7; 02 (4) decabromodiphenyl ether, chemical abstracts service number 1163- 03 19-5; 04 (5) antimony, chemical abstracts service number 7440-36-0; 05 (6) hexabromocyclododecane, chemical abstracts service number 06 25637-99-4; 07 (7) bis(2-ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH), chemical 08 abstracts service number 26040-51-7; 09 (8) 2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB), chemical abstracts 10 service number 183658-27-7; 11 (9) chlorinated paraffins, chemical abstracts service number 85535-84- 12 8; or 13 (10) tris(1-chloro-2-propyl)phosphate (TCPP), chemical abstracts 14 service number 13674-84-5. 15 Sec. 18.31.610. Exemptions. The prohibitions in AS 18.31.600 do not apply to 16 a product that a person resells after use if the person 17 (1) does not sell the product on a regular basis and does not engage in 18 the business of selling that type of product; or 19 (2) is a nonprofit entity that qualifies for an exemption from taxation 20 under 26 U.S.C. 501(c)(3) (Internal Revenue Code). 21 Sec. 18.31.620. Labeling. A person who manufactures a product that is 22 upholstered furniture or a children's item, that the person sells or distributes in the 23 state, and that contains a flame retardant shall place on a label affixed to the product 24 the following statement: "This product contains a chemical flame retardant." In this 25 section, "flame retardant" means a chemical that is added to a product to inhibit the 26 formation of flames. 27 Sec. 18.31.630. Civil penalty. (a) If a person violates AS 18.31.600 - 28 18.31.690, the person is liable to the state for a civil penalty not to exceed 29 (1) $500 for the first violation; or 30 (2) $1,000 for each violation after the first violation. 31 (b) The total amount of civil penalties for which a person is liable to the state

01 under (a) of this section in one calendar year is $5,500. 02 Sec. 18.31.690. Definitions. In AS 18.31.600 - 18.31.690, unless the context 03 indicates otherwise, 04 (1) "children's item" means clothing, a toy, a detachable car seat, a 05 nursing pillow, a crib mattress, a nap pad, a changing pad, or another product that is 06 used primarily for or by a child; 07 (2) "distribute" means selling a product on a wholesale basis to a 08 retailer; in this paragraph, "retailer" means a person who sells a product other than for 09 resale and who did not manufacture or distribute the product; 10 (3) "manufacture" means 11 (A) making a product; or 12 (B) importing or distributing a product in the United States if 13 the person who manufactured or assembled the product or whose brand name 14 is affixed to the product does not do business in the United States; 15 (4) "sell" includes an offer to sell; 16 (5) "upholstered furniture" means furniture that contains filling 17 material and is used or intended to be used for sitting, resting, or reclining. 18 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 REVISOR'S INSTRUCTION. Wherever "this chapter" appears in AS 18.31.010 - 21 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500." 22 * Sec. 3. This Act takes effect July 1, 2017.