Bill > H4241

This bill amends Massachusetts General Laws by adding a new chapter to protect children, firefighters, and families from harmful flame retardants, defining key terms like "children's product" (a product for children 12 and under), "manufacturer" (including importers and distributors), "residential upholstered furniture" (indoor seating with cushioning), and "retailer" (anyone selling products to consumers). It makes it illegal for manufacturers, distributors, or retailers to sell, offer for sale, or import into the state any children's product or residential upholstered furniture containing specific listed flame retardants, such as TDCPP, TCEP, and various brominated compounds, with an exception for inventory manufactured before January 1, 2017. The Department of Environmental Protection is tasked with reviewing and potentially adding other harmful flame retardants to the restricted list every three years based on scientific evidence of their toxicity, persistence, bioaccumulation, or presence in humans and the environment, and must implement restrictions within 180 days of identifying such chemicals. The bill exempts motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles, and previously-owned products containing restricted chemicals, as well as products manufactured before January 1, 2017, or those containing restricted chemicals due to the use of recycled materials. Violators face civil penalties of up to $1,000 per item for each offense, with escalating penalties for subsequent violations, and manufacturers, wholesalers, or principal importers must notify retailers of these restrictions at least 90 days before the law takes effect, which is generally January 1, 2017.