FURNITURE REGULATORY NEWSLETTER
schoenfeld consulting
In Alliance with the Downs Group LLC.
SIGN UP TO RECIEVE OUR NEWSLETTER AT THE BOTTOM OF THE PAGE
Our Furnishings Regulatory Newsletter is distributed every month covering all laws and regulations and is available by subscription only and is 15 to 20 pages of vital information and may be included with our consulting services.
We consult with Manufacturers, Distributors, Importers, Retailers and Suppliers on the required documentation to be compliant, safe, educated and protected from lawsuits, penalties, fines, recalls and any other issues which interrupt their normal business activities.
Our mission is to “KEEP YOUR COMPANY AHEAD OF THE LAWS & REGULATIONS” and answer any inquiries or questions from regulatory authorities with full compliance.
Schoenfeld Consulting works with 24 clients in 12 countries worldwide. I have years of experience in dealing with all the laws and regulations required for furniture Manufacturers, Distributors and Retailers to avoid fines and penalties while still being fully legally compliant.
I charge one simple monthly fee,all inclusive for personal consulting,advice,analysis,research all tailored to your specific type of furniture business.
If I can be of help to you or to your associates please contact me to share information about the following general requirements for laws and regulations and other topics of concern where my clients use my consulting services.
We consult with Manufacturers, Distributors, Importers, Retailers and Suppliers on the required documentation to be compliant, safe, educated and protected from lawsuits, penalties, fines, recalls and any other issues which interrupt their normal business activities.
Our mission is to “KEEP YOUR COMPANY AHEAD OF THE LAWS & REGULATIONS” and answer any inquiries or questions from regulatory authorities with full compliance.
Schoenfeld Consulting works with 24 clients in 12 countries worldwide. I have years of experience in dealing with all the laws and regulations required for furniture Manufacturers, Distributors and Retailers to avoid fines and penalties while still being fully legally compliant.
I charge one simple monthly fee,all inclusive for personal consulting,advice,analysis,research all tailored to your specific type of furniture business.
If I can be of help to you or to your associates please contact me to share information about the following general requirements for laws and regulations and other topics of concern where my clients use my consulting services.
Please contact us for a confidential discussion of our consulting services and the limited costs to keep your company safe and compliant.
Robert Schoenfeld
Schoenfeld Consulting Furniture Laws & Regulations 20 Owl Ridge Ct. Novato, Ca. 94945 Office: 415-290-4144 Email: [email protected] |
NEWSLETTER october 2019
FURNITURE LAWS & REGULATIONS
download the report below
| newsletter_october_2019_schoenfeld_consulting__.pdf |
NEWSLETTER september 2019
FURNITURE LAWS & REGULATIONS
download the pdf below
| newsletter_september_2019_schoenfeld_consulting__9.pdf |
Newsletter August 2019
Furniture Laws & Regulations
Download the PDF below
| newsletter_august_2019_schoenfeld_consulting__final.pdf |
NEWSLETTER JUly 2019
FURNITURE LAWS & REGULATIONS
In this months Newsletter we discuss the following topics:
- Antidumping Tariffs on Chinese Mattresses retroactive to March 2019
- Furniture Tariffs on Sofabeds and sleepers/classification numbers
- Subsidies for Chinese manufacturers
- Country of Origin changes to avoid tariffs
- CPSC TIP-OVER Mandatory Standard
- Compliance to ASTM F2057-17 and ASTM F3096-14 Required Stability Testing
| newsletter_july_2019_schoenfeld_consulting__.pdf |
Newsletter June 2019
Furniture Laws & Regulations
Import duties on Furniture from China
On May 23,2019 the U.S.Department of Commerce issued a proposed ruling to impose countervailing duties on countries that act to undervalue their currency relative to the U.S. dollar,resulting in a subsidy to their exports.United States law defines a countervailing subsidy as a financial contribution from a government or public entity that is specific and that provides a benefit to a foreign producer or exporter.
Download the newsletter below
On May 23,2019 the U.S.Department of Commerce issued a proposed ruling to impose countervailing duties on countries that act to undervalue their currency relative to the U.S. dollar,resulting in a subsidy to their exports.United States law defines a countervailing subsidy as a financial contribution from a government or public entity that is specific and that provides a benefit to a foreign producer or exporter.
Download the newsletter below
| newsletter_june_2019_schoenfeld_consulting_.pdf |
NEWSLETTER APRIL 2018
Bulletin - Furniture Regulatory Updates
U.S. EPA vs. CARB Formaldehyde Regulations
MORE STATES to Ban Flame Retardant Chemicals on January 1, 2019
Currently a few States have issued new regulations to ban ALL* flame retardant chemicals in upholstered furniture, effective in January 1, 2019.
These states include:
1)-Maine HP-138-passed Effective January 1, 2019
2)-The City of San Francisco-Ordinance Chapter 28 Amended Environmental code.-passed effective January 1,2019
3)-Virginia HB-951 Failed
4)-Washinghton State- Bill HB-2545 passed effective July,1 2017 passed for five specific flame retardant chemicals in residential upholstery.*
5)-Rhode Island-Amended Chapter 2326-3.1 of the general laws Health and Safety-upholstered furniture passed effective July 1,2019
6)- Massachusetts- a bill to ban eleven different flame retardants from children’s products and residential upholstered furniture on was approved in the senate by a 39 to 0 vote but was rejected in the house.
Politics we,assume had a role in this one sided result. The legislature will debate this bill again later this year. Many other States have announced plans to issue similar bans in particular the use of organohalates a class of flame retardant chemicals.
These states include:
1)-Maine HP-138-passed Effective January 1, 2019
2)-The City of San Francisco-Ordinance Chapter 28 Amended Environmental code.-passed effective January 1,2019
3)-Virginia HB-951 Failed
4)-Washinghton State- Bill HB-2545 passed effective July,1 2017 passed for five specific flame retardant chemicals in residential upholstery.*
5)-Rhode Island-Amended Chapter 2326-3.1 of the general laws Health and Safety-upholstered furniture passed effective July 1,2019
6)- Massachusetts- a bill to ban eleven different flame retardants from children’s products and residential upholstered furniture on was approved in the senate by a 39 to 0 vote but was rejected in the house.
Politics we,assume had a role in this one sided result. The legislature will debate this bill again later this year. Many other States have announced plans to issue similar bans in particular the use of organohalates a class of flame retardant chemicals.
Download The Newsletter Below
| april_2018_newsletter_schoenfeld_consulting__0.pdf |
Furniture Regulatory Updates
U.S. EPA vs. CARB Formaldehyde Regulations
A)-The standard for formaldehyde emissions from furniture containing composite wood for both regulations are exactly the same. B)-However,there are many other sections in the regulations that differ.So to cover these sections CARB and the
EPA have developed a comparison table which details which regulation should be followed when there are differences between the stated requirements in each regulation. The answer is to follow the regulation that is more restrictive.This is revealed in the Comparison Table (attached). The dates for compliance to these other sections are detailed in the table. This table is for all parties and stakeholders in the supply chain to be aware of,including the mills, subsuppliers, factories, fabricators, distributors,importers and retailers.
LABELING EXAMPLES:
Fabricators must label the furniture item itself and the outside carton that contained the item.
EPA have developed a comparison table which details which regulation should be followed when there are differences between the stated requirements in each regulation. The answer is to follow the regulation that is more restrictive.This is revealed in the Comparison Table (attached). The dates for compliance to these other sections are detailed in the table. This table is for all parties and stakeholders in the supply chain to be aware of,including the mills, subsuppliers, factories, fabricators, distributors,importers and retailers.
LABELING EXAMPLES:
Fabricators must label the furniture item itself and the outside carton that contained the item.
Download The Bulletin Below
| bulletin_april__2018_schoenfeld_consulting_final.pdf |
february/march
Furniture Regulatory Updates
U.S. EPA Formaldehyde Regulation
Late in February the U.S.EPA settled a law suit by the Sierra Club which alleged that the extended time granted for compliance to TSCA Title VI 40 CFR 770 for emissions of formaldehyde from composite wood used in furniture and other products was not warrented.The court ruled against the Sierra Club resulting in the current extension for compliance by the “manufacturered-by” date to be the December 12, 2018.
Also for the emission standards, record keeping and labeling requirements.The “Manufacturered- by” date also includes the “imported-by” date for imported composite wood products or Finished furniture goods containing these products.
Also for the emission standards, record keeping and labeling requirements.The “Manufacturered- by” date also includes the “imported-by” date for imported composite wood products or Finished furniture goods containing these products.
Download The Bulletin Below
| bulletin_february_march__2018_schoenfeld_consulting_.pdf |
Comparison of Key Requirements of CARB and U.S. EPA Regulations to Reduce Formaldehyde Emissions from Composite Wood Products
Note: For products sold in California, if there is a difference between the CARB and U.S. EPA requirements, the more stringent requirement applies, regardless of whether it is a CARB or U.S. EPA requirement. This table will be updated if there are future changes to the regulatory requirements.
Download The Bulletin & Comparison Table Below
| comparisontable.pdf |
december 2017 newsletter
DECEMBER 15, 2017- Volume-3 Issue-12
|
Dear All Clients,
In this months Newsletter we discuss the following topics:
I will be having surgery tomorrow and in recovery for awhile but please contact me by Phone,Text or Email anytime after Friday December 15th. |
download december's newsletter below
| ||
november 2017 newsletter
November 18, 2017 - Volume 3 - Issue 11
Additional Newsletters Below For Download
NEWSLETTER NOVEMBER 2017
Furnishings Regulatory Updates
Schoenfeld Consulting L.L.C.
CHINESE PLYWOOD IMPORT PRICES
The U.S.Department of Commerce on November 14th announced that a final determination was made for dumping margin rates on hardwood plywood products imported from China.These products were sold at 183.36% less than their fair value.The antidumping duty(AD) was then issued at 183.36% mmerce also determined that China is also providing unfair subsidies to it’s factories producing hardwood plywood products at rates of from 22.98% to 194.9%.These countervailing duties(CVD) were issued to varying importers at from 22.98% to 194.9%.to be collected by U.S.Customs.
These two determinations from the U.S.Department of Commerce must first be approved by the U.S.International Trade Administration(ITC) by issuing an affirmative final injury determination.If the ITC makes negative final determinations of injury,the investigations will be terminated and no orders to collect the AD or CVD duties will be issued.
Since there were 63 Chinese companies that did not reply to the U.S.Commerce Department’s mandatory questionnaire on “quantity and value” they received an anti-dumpling (AD) subsidy rate of 183.36% by not cooperating fully with the department’s demand for information.
All other producers and exporters in China received (CVD) rates of 22.98% to cover the subsidies from the Chinese government in addition to the 183.36% (AD) rate for antidumping penalties for selling products at less than their fair value.
The ITC is scheduled to make it’s final determinations on or about December 21,2017.
In 2016 imports of hardwood plywood from China were valued at an estimated $1.12 Billion. The Impact on the furniture industry in the U.S.of this price dumping of hardwood/plywood from China is yet to be determined awaiting the ITC ruling in December.However the price of this important wood component for domestic furniture producers is a variable that hopefully will stay constant if the Commerce Dept. and the ITC continue to work in conjunction to protect our domestic producers.
CALIFORNIA SIGNS AB-1583 FOR PROP 65
Prop 65 the regulation for businesses to provide warning notices to consumers in California for harmful chemicals contained in consumer products that might cause cancer and/or reproductive harm.Prop-65 has been a controversial and much debated issue since the method of enforcement by the attorney general’s office puts small businesses at a disadvantage in trying to protect themselves from bounty hunting lawyers and private enforcers who issue 60-day notices alleging a violation.
On September 14 the legislature amended the certificate of merit provision.This revision requires:
A)- the Attorney General to send a letter to the private enforcer and the recipient of the 60-day notice when the AJ has reviewed the certificate of merit and determined that there is no merit to an action.And
B)- make the certificate of merit discoverable in litigation,to the extent that the information is relevant to the subject matter of the action and not subject to the attorney-client privilege,the attorney work product privilege,or any other legal privilege.
So,by this revision defendants have a prima facie right to seek discovery and the burden would be on the private enforcer to justify any assertion of privilege.
The legislation is designed to aid small businesses that were vulnerable to the lawsuits and without the legal resources that national brands have at their disposal.Most all of the small businesses given 60-day notices eventually settled out of court to avoid the steadily increasing attorney fees that would drive them out of business.
Amendments were also introduced to provide education to small business owners about what Prop-65 requires of them.Information will be provided by the Office of Economic Development See-HTTP://www.business.ca.gov/programs.
DUTY EVASION on Furniture from China
U.S.Customs & Border Protection is investigating the evasion of anti-dumping duties on bedroom furniture from China.By the Enforce & Protect Act(EAPA) any interested party may submit allegations that AD/CV duties are being evaded;through misrepresentation of the country of origin,false or incorrect shipping and entry documentation or misreporting of the goods physical characteristics.The CPB investigation if found to be correct, can enforce collection of the correct required ad/cv duties and also result in other enforcement measures such as civil or criminal investigations.
On May 9th this year CPB initiated an investigation of an importer of wooden bedroom furniture that “knowingly misreported the identities of its imports” as companies with low AD duty rates.Resulting in the imposing of interim measures against the importer.These include rate adjustments requiring AD cash deposits,requiring live entry documents on all future imports before cargo is released into
U.S.commerce,suspending liquidation of the subject goods and extending the period for liquidation for all unliquidated entries that entered before May 9th.Also CPB will be evaluating the importer’s continuous bond to determine its sufficiency and may take other measures as needed.
FEDERAL LAW PROPOSED To THWART CALIFORNIA PROP 65
Corporate lobbing efforts are pushing to override state laws on ingredient disclosure rules and warning labels, including California’s Prop 65.The idea is to create a federal law that could replace the growing number of state label requirements that are overlapping and inconsistent requiring companies to somehow become compliant with a patchwork of different state requirements.There are more than 50 trade organizations backing an effort for a national law to alleviate the current ubiquitous state labeling regulations.Trade groups including the Grocery Manufacturers Association,3M Co.,General Mills,National Council of Farmer Cooperatives and the American Chemical Council argue that “the time to establish a federal science-based solution is now” .
The ACC also circulated a document seeking support for a national law,suggesting the amending of the Fair Packaging and Labeling Act to include”minimum scientific standards” and to reform Prop 65 to “require sound scientific basis for the listing of substances”.
Prop 65 has served as a template for other states and some 35 states have passed 173 measures and more than 100 other bills are under consideration in 24 states according to the environmental health coalition “Safer States” Prop 65 also extends its requirements to producers worldwide since any product intended to be sold in California regardless of where it is produced must comply fully with the warning notice labeling requirement for disclosure of dangerous chemicals contained in the item.These warning notices must be placed “on the item” the consumer has purchased” as well as signage in retail stores intended to be viewed before the consumer has decided to purchase.
The inconsistency of these state laws and regulations become a danger in themselves with consumers and retailers confused and not sure about the dangers of unsafe products.As these laws proliferate now is the time to initiate a federal standard with science-based,uniform,national standards for government-mandated ingredient disclosure and warning labeling programs.As stated by Claire Parker for a group of businesses forming the “Coalition for Accurate Product Labels”.
ASTM Revises Voluntary Standard F2057 for Tip-Over Prevention The revisions include new language in the introduction to the voluntary standard for tip-over of clothing units.Including a revised warning label and a method for testing the permanence of the new pictorial label.The standard references clothing units as:chests,door chests,and dressers.Furniture items not included in the scope include:shelving units,bookcaases,or entertainment units,office furniture,dining room furniture,jewelry armoires or under bed storage units.
ASTM-2057-17 is still a voluntary standard but adherence to it is STRONGLY recommended by the CPSC.
Another revision is the clarification of the intent of the standard which now states ”this specification does not address hazards created by BLATENT misuse of a product,including,but not limited to,use of the product in a manner that is neither intended by the manufacturer nor reasonably foreseeable” .
The actual voluntary stability requirement of ASTM 2017 was not changed at this time but the addition of changes to increase the stability requirement and change some of the criteria for size and weight of the storage items may lead to further revisions as new data is still being analyzed by the CPSC.
The requirement for mandatory inclusion of ASTM F3096”Standard Performance Specifications for Tip-Over Restraints used with clothing storage units” remain unchanged.
IKEA RECALLED MALM DRESSER
In related incidents of the hazards of recalled children’s storage units an additional death of a child was reported after a Malm dresser tipped over.These recalled dressers are now known to be responsible for eight deaths and 36 injuries.
The recall last June by IKEA amounted to 29 Million dressers recalled at a cost to IKEA of $50 million.
However,many national organizations have joined in a statement to the CPSC acting chairman Ann Marie Buerkle stating that “we are saddened by the recent death… and the delay in issuing a recall to the lackluster efforts by IKEA to fully communicate the hazard and recall to the public-relying instead on soft messages on securing any and all furniture-this death highlights the risks to children…the communication efforts focused on anchoring a deadly dresser to the wall are not enough on their own,anchoring devices are made as a second layer of protection for stable dressers-Not as a replacement for making unstable dressers in the first place!”
New Flammability Regulations Various States have recently introduced new state regulations for the flammability of upholstered furniture.
A)-In Rhode Island the use of organohalogen flame retardants(OFR’s) in residential furniture and bedding will be banned as of July 1,2019.
By SB-166 amended chapters 23-26, manufacturers of products that are prohibited from sale are required to notify persons or entities that sell these manufactured products about the new measures by April 2,2019.
The amount of the banned organohalogen flame retardant must be more than 100 ppm or(0.01%) in the upholstered item or bedding.
B)-In the State of Maine similar bans will also be initiated in January of 2019.the state prohibits the sale of residential furniture intended for indoor use that consists of resilient cushioning materials and the covering materials.The amount of any chemical flame retardant is banned if it is more than 0.1% of the upholstered item.The law does not specify any particular flame retardant but uses a wide definition of “any chemical that can be used to resist or inhibit the spread of fire”.
The law does not apply to furniture manufactured prior to the effective date of January 1,2019.
C)-In September of 2017 the CPSC has advised importers,manufacturers, retailers and distributors to take specific action to protect consumers from the risks of exposure from organohalogen flame retardants(OFR’s).Typically found in foam,textiles,mattresses and polymers during or after production in efforts to improve their resistance to fire.The CPSC is urging the elimination of OFR’s to manufacturers worldwide.CPSC recommends that before purchasing products for resale retailers,importers and distributors should obtain assurances from producers that their products do not contain OFR’s.
The CPSC has not banned OFR’s in consumer products or required any warning labeling,however the commission did vote on September 20,2017 to initiate a rulemaking that could lead to such a ban.Also staff at CPSC were directed to convene a chronic hazard advisory panel to further study the effects of OFR’s on consumer health.
D)-In the city of San Francisco measures to restrict flame retardants in upholstered furniture,reupholstered furniture and juvenile products were approved.The new restrictions will be effective on January 1,2019 and on July 1,2019 for upholstered products with electrical components.The Ordinance #211-17 sections 2801-2807 creates a new chapter in the city’s Environmental Code.Reupholstered furniture must be compliant to California Technical Bulletin
117-2013 but does not require compliance to TB-133 flammability test for upholstered furniture used in public occupancies.
Juvenile products mean a new product designed for residential use by infants and children under 12 years old.The federal mattress regulations 16 CFR 1632 and 1633 are not included in the definition of juvenile products.
The amount of flame retardant chemicals contained in these products must be more than 1000 PPM or greater than 0.1% of the upholstered item.
E)-In Virginia Rep.Morgan Griffith has introduced legislation that will require the CPSC to adopt the California flammability regulation TB-117-2013 as a Federal standard for residential upholstered furniture.
H.R.4220 or SOFFA provides a solution to the flammability issue for all States and finally introduce a proven standard already accepted worldwide for shipments of upholstery into
California.Mr Griffen stated that “if enacted, furniture manufacturers would continue to make safe products without worrying about a tangle of varying State regulations”.
DOJ fines company for price fixing The US Department of Justice reported that an e-commerce company and its top executive have agreed to plead guilty for conspiring to fix prices for customized promotional products sold online to customers in the United States.For the 2 years from 2014-2016 the company used text messaging to reach and implement their illegal agreements.
The company agreed to pay a $409,342.00 criminal fine and the top executive faces a maximum sentence of 10 years in federal prison plus a maximum fine of $1million.The company agreed to cooperate with the DOJ’s ongoing investigation into price fixing in the online promotional products industry
The U.S.Department of Commerce on November 14th announced that a final determination was made for dumping margin rates on hardwood plywood products imported from China.These products were sold at 183.36% less than their fair value.The antidumping duty(AD) was then issued at 183.36% mmerce also determined that China is also providing unfair subsidies to it’s factories producing hardwood plywood products at rates of from 22.98% to 194.9%.These countervailing duties(CVD) were issued to varying importers at from 22.98% to 194.9%.to be collected by U.S.Customs.
These two determinations from the U.S.Department of Commerce must first be approved by the U.S.International Trade Administration(ITC) by issuing an affirmative final injury determination.If the ITC makes negative final determinations of injury,the investigations will be terminated and no orders to collect the AD or CVD duties will be issued.
Since there were 63 Chinese companies that did not reply to the U.S.Commerce Department’s mandatory questionnaire on “quantity and value” they received an anti-dumpling (AD) subsidy rate of 183.36% by not cooperating fully with the department’s demand for information.
All other producers and exporters in China received (CVD) rates of 22.98% to cover the subsidies from the Chinese government in addition to the 183.36% (AD) rate for antidumping penalties for selling products at less than their fair value.
The ITC is scheduled to make it’s final determinations on or about December 21,2017.
In 2016 imports of hardwood plywood from China were valued at an estimated $1.12 Billion. The Impact on the furniture industry in the U.S.of this price dumping of hardwood/plywood from China is yet to be determined awaiting the ITC ruling in December.However the price of this important wood component for domestic furniture producers is a variable that hopefully will stay constant if the Commerce Dept. and the ITC continue to work in conjunction to protect our domestic producers.
CALIFORNIA SIGNS AB-1583 FOR PROP 65
Prop 65 the regulation for businesses to provide warning notices to consumers in California for harmful chemicals contained in consumer products that might cause cancer and/or reproductive harm.Prop-65 has been a controversial and much debated issue since the method of enforcement by the attorney general’s office puts small businesses at a disadvantage in trying to protect themselves from bounty hunting lawyers and private enforcers who issue 60-day notices alleging a violation.
On September 14 the legislature amended the certificate of merit provision.This revision requires:
A)- the Attorney General to send a letter to the private enforcer and the recipient of the 60-day notice when the AJ has reviewed the certificate of merit and determined that there is no merit to an action.And
B)- make the certificate of merit discoverable in litigation,to the extent that the information is relevant to the subject matter of the action and not subject to the attorney-client privilege,the attorney work product privilege,or any other legal privilege.
So,by this revision defendants have a prima facie right to seek discovery and the burden would be on the private enforcer to justify any assertion of privilege.
The legislation is designed to aid small businesses that were vulnerable to the lawsuits and without the legal resources that national brands have at their disposal.Most all of the small businesses given 60-day notices eventually settled out of court to avoid the steadily increasing attorney fees that would drive them out of business.
Amendments were also introduced to provide education to small business owners about what Prop-65 requires of them.Information will be provided by the Office of Economic Development See-HTTP://www.business.ca.gov/programs.
DUTY EVASION on Furniture from China
U.S.Customs & Border Protection is investigating the evasion of anti-dumping duties on bedroom furniture from China.By the Enforce & Protect Act(EAPA) any interested party may submit allegations that AD/CV duties are being evaded;through misrepresentation of the country of origin,false or incorrect shipping and entry documentation or misreporting of the goods physical characteristics.The CPB investigation if found to be correct, can enforce collection of the correct required ad/cv duties and also result in other enforcement measures such as civil or criminal investigations.
On May 9th this year CPB initiated an investigation of an importer of wooden bedroom furniture that “knowingly misreported the identities of its imports” as companies with low AD duty rates.Resulting in the imposing of interim measures against the importer.These include rate adjustments requiring AD cash deposits,requiring live entry documents on all future imports before cargo is released into
U.S.commerce,suspending liquidation of the subject goods and extending the period for liquidation for all unliquidated entries that entered before May 9th.Also CPB will be evaluating the importer’s continuous bond to determine its sufficiency and may take other measures as needed.
FEDERAL LAW PROPOSED To THWART CALIFORNIA PROP 65
Corporate lobbing efforts are pushing to override state laws on ingredient disclosure rules and warning labels, including California’s Prop 65.The idea is to create a federal law that could replace the growing number of state label requirements that are overlapping and inconsistent requiring companies to somehow become compliant with a patchwork of different state requirements.There are more than 50 trade organizations backing an effort for a national law to alleviate the current ubiquitous state labeling regulations.Trade groups including the Grocery Manufacturers Association,3M Co.,General Mills,National Council of Farmer Cooperatives and the American Chemical Council argue that “the time to establish a federal science-based solution is now” .
The ACC also circulated a document seeking support for a national law,suggesting the amending of the Fair Packaging and Labeling Act to include”minimum scientific standards” and to reform Prop 65 to “require sound scientific basis for the listing of substances”.
Prop 65 has served as a template for other states and some 35 states have passed 173 measures and more than 100 other bills are under consideration in 24 states according to the environmental health coalition “Safer States” Prop 65 also extends its requirements to producers worldwide since any product intended to be sold in California regardless of where it is produced must comply fully with the warning notice labeling requirement for disclosure of dangerous chemicals contained in the item.These warning notices must be placed “on the item” the consumer has purchased” as well as signage in retail stores intended to be viewed before the consumer has decided to purchase.
The inconsistency of these state laws and regulations become a danger in themselves with consumers and retailers confused and not sure about the dangers of unsafe products.As these laws proliferate now is the time to initiate a federal standard with science-based,uniform,national standards for government-mandated ingredient disclosure and warning labeling programs.As stated by Claire Parker for a group of businesses forming the “Coalition for Accurate Product Labels”.
ASTM Revises Voluntary Standard F2057 for Tip-Over Prevention The revisions include new language in the introduction to the voluntary standard for tip-over of clothing units.Including a revised warning label and a method for testing the permanence of the new pictorial label.The standard references clothing units as:chests,door chests,and dressers.Furniture items not included in the scope include:shelving units,bookcaases,or entertainment units,office furniture,dining room furniture,jewelry armoires or under bed storage units.
ASTM-2057-17 is still a voluntary standard but adherence to it is STRONGLY recommended by the CPSC.
Another revision is the clarification of the intent of the standard which now states ”this specification does not address hazards created by BLATENT misuse of a product,including,but not limited to,use of the product in a manner that is neither intended by the manufacturer nor reasonably foreseeable” .
The actual voluntary stability requirement of ASTM 2017 was not changed at this time but the addition of changes to increase the stability requirement and change some of the criteria for size and weight of the storage items may lead to further revisions as new data is still being analyzed by the CPSC.
The requirement for mandatory inclusion of ASTM F3096”Standard Performance Specifications for Tip-Over Restraints used with clothing storage units” remain unchanged.
IKEA RECALLED MALM DRESSER
In related incidents of the hazards of recalled children’s storage units an additional death of a child was reported after a Malm dresser tipped over.These recalled dressers are now known to be responsible for eight deaths and 36 injuries.
The recall last June by IKEA amounted to 29 Million dressers recalled at a cost to IKEA of $50 million.
However,many national organizations have joined in a statement to the CPSC acting chairman Ann Marie Buerkle stating that “we are saddened by the recent death… and the delay in issuing a recall to the lackluster efforts by IKEA to fully communicate the hazard and recall to the public-relying instead on soft messages on securing any and all furniture-this death highlights the risks to children…the communication efforts focused on anchoring a deadly dresser to the wall are not enough on their own,anchoring devices are made as a second layer of protection for stable dressers-Not as a replacement for making unstable dressers in the first place!”
New Flammability Regulations Various States have recently introduced new state regulations for the flammability of upholstered furniture.
A)-In Rhode Island the use of organohalogen flame retardants(OFR’s) in residential furniture and bedding will be banned as of July 1,2019.
By SB-166 amended chapters 23-26, manufacturers of products that are prohibited from sale are required to notify persons or entities that sell these manufactured products about the new measures by April 2,2019.
The amount of the banned organohalogen flame retardant must be more than 100 ppm or(0.01%) in the upholstered item or bedding.
B)-In the State of Maine similar bans will also be initiated in January of 2019.the state prohibits the sale of residential furniture intended for indoor use that consists of resilient cushioning materials and the covering materials.The amount of any chemical flame retardant is banned if it is more than 0.1% of the upholstered item.The law does not specify any particular flame retardant but uses a wide definition of “any chemical that can be used to resist or inhibit the spread of fire”.
The law does not apply to furniture manufactured prior to the effective date of January 1,2019.
C)-In September of 2017 the CPSC has advised importers,manufacturers, retailers and distributors to take specific action to protect consumers from the risks of exposure from organohalogen flame retardants(OFR’s).Typically found in foam,textiles,mattresses and polymers during or after production in efforts to improve their resistance to fire.The CPSC is urging the elimination of OFR’s to manufacturers worldwide.CPSC recommends that before purchasing products for resale retailers,importers and distributors should obtain assurances from producers that their products do not contain OFR’s.
The CPSC has not banned OFR’s in consumer products or required any warning labeling,however the commission did vote on September 20,2017 to initiate a rulemaking that could lead to such a ban.Also staff at CPSC were directed to convene a chronic hazard advisory panel to further study the effects of OFR’s on consumer health.
D)-In the city of San Francisco measures to restrict flame retardants in upholstered furniture,reupholstered furniture and juvenile products were approved.The new restrictions will be effective on January 1,2019 and on July 1,2019 for upholstered products with electrical components.The Ordinance #211-17 sections 2801-2807 creates a new chapter in the city’s Environmental Code.Reupholstered furniture must be compliant to California Technical Bulletin
117-2013 but does not require compliance to TB-133 flammability test for upholstered furniture used in public occupancies.
Juvenile products mean a new product designed for residential use by infants and children under 12 years old.The federal mattress regulations 16 CFR 1632 and 1633 are not included in the definition of juvenile products.
The amount of flame retardant chemicals contained in these products must be more than 1000 PPM or greater than 0.1% of the upholstered item.
E)-In Virginia Rep.Morgan Griffith has introduced legislation that will require the CPSC to adopt the California flammability regulation TB-117-2013 as a Federal standard for residential upholstered furniture.
H.R.4220 or SOFFA provides a solution to the flammability issue for all States and finally introduce a proven standard already accepted worldwide for shipments of upholstery into
California.Mr Griffen stated that “if enacted, furniture manufacturers would continue to make safe products without worrying about a tangle of varying State regulations”.
DOJ fines company for price fixing The US Department of Justice reported that an e-commerce company and its top executive have agreed to plead guilty for conspiring to fix prices for customized promotional products sold online to customers in the United States.For the 2 years from 2014-2016 the company used text messaging to reach and implement their illegal agreements.
The company agreed to pay a $409,342.00 criminal fine and the top executive faces a maximum sentence of 10 years in federal prison plus a maximum fine of $1million.The company agreed to cooperate with the DOJ’s ongoing investigation into price fixing in the online promotional products industry
download and read past newsletters below
august 2017
| ||||||||
| august_2017_newsletter_2017__schoenfeld_consulting_final.pdf |
september 2017
in this issue
U.S EPA formaldehyde regulation.
- New Insurance program to protect against Prop 65 lawsuits.
- Listing Chemicals and Ingredients in other industries.
- THE CPSC
- Flame Retardants in Furniture
- The U.S. Department of Commerce
- OEHHA has released new labeling for Furniture manufacturers worldwide.
| september_2017_newsletter__schoenfeld_consulting_final_.pdf |
october 2017
in this issue
- Furniture Labeling Required by Furniture Manufacturers Worldwide for “on product” California Prop 65 Warning notices for any item shipped into California in 2018.
- The Federal Trade Commission-deceptive advertising of Bonded Leather and other commodity violations.
- Federal Bedding Regulations and Standards by the CPSC-Flammability.
- Bedding Regulations required at the State level- 15 different State requirements.
- U.S.EPA Formaldehyde emissions from Furniture rule-new effective dates -TSCA Title VI 40CFR 770.
- Walmart takes lead in reducing harmful chemicals in consumer goods-alternatives, replacement, reformulation and disclosures in labeling.
| october_2017_11__5__furniture_regulatory_newsletter.pdf |
