§ 8–108.02a. Prohibitions on chlorinated flame retardants.

(a) After January 1, 2018, no person or legal entity shall manufacture, sell, offer for sale, or distribute any children’s product or residential upholstered furniture containing more than 0.1% by mass in any product component of the following:

(1) Tris(1,3-dichloro-2-propyl) phosphate (chemical abstract service number 13674-87-8) ("TDCPP"); or

(2) Tris(2-chloroethyl) phosphate (chemical abstract service number 115-1496-8) ("TCEP").

(b) After January 1, 2019, no person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing more than 0.1% by mass in any product component of the following:

(1) TDCPP; or

(2) TCEP.

(1) The sale, offer for sale, or distribution of a product by a retailer who purchased or acquired the product before May 12, 2016;

(2) Any activity involving a product that occurs subsequent to the 1st sale at retail;

(3) Motor vehicles or replacement parts or replacement equipment for motor vehicles;

(4) Commercial or residential building insulation or wiring that otherwise complies with the Construction Codes Supplement, set forth in Title 12 of the District of Columbia Municipal Regulations;

(5) Desktop and laptop computers, audio and video equipment, calculators, wireless telephones, game consoles, handheld devices incorporating a screen that are used to access interactive software and their associated peripherals, and cables, adaptors, and other similar connecting devices; or

(6) Storage media, such as compact discs, for interactive software, such as computer games.

(d) If a product component of a non-exempt product would be exempt under subsection (c)(5) or (6) of this section, the product shall be prohibited pursuant to subsections (a) and (b) of this section if the product contains more than 0.1% by mass of TDCPP or TCEP in any non-exempt product component.

(e) For the purposes of this section, the term:

(1) "Children’s product" means a consumer product:

(A) Marketed for use by children under 12 years of age; or

(B) The substantial use of which by a child under 12 years of age is reasonably foreseeable.

(2) "Residential upholstered furniture" means furniture intended for use in a home or other dwelling that includes cushioning material covered by fabric or similar material.

(Mar. 31, 2011, D.C. Law 18-336, § 3a; as added May 12, 2016, D.C. Law 21-108, § 2(a), 63 DCR 4315.)

Applicability

Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).