Fire Retardant Standards

Chlorinated Tris Flame Retardants - Regulation by State

A number of states are implementing laws impacting the use of specific chlorinated tris compounds, which are flame retardant chemicals added to products such as foam. TDCPP is one that tops the list for most states. TDCPP was banned from use in children’s sleepwear in the 1970s, but is still used in polyurethane foam. The states listed below have passed laws regulating not only TDCPP, but other flame retardants. The bans apply to children’s products and furniture. In addition to these states, Massachusetts and Washington have pending regulations that will affect the use of specific chlorinated tris flame retardants.

State Regulated Chlorinated Tris Products Effected Effective Date
California Proposition 65 list
Products intended for children 3 years of age & younger
October 1, 2014
Child care products intended for children under 3
October 1, 2013
New York
Products intended for use by children under 3
December 1, 2013
Residential upholstered furniture and juvenile products
January 1, 2014

ATS’ current capability for flame retardants includes approximately 30 different flame retardants. The limit of detection for PBDEs is 10 parts per million (ppm) and for tris flame retardants is 1 ppm.

States Stomping Down on Bisphenol A (BPA)

States are continuing to enact legislation regulating BPA. Below is a complete list of the states with effective legislation. In addition to this list, the following states have introduced bills banning the use of BPA (but not quite yet effective): Hawaii, Kentucky, Minnesota, Missouri, New Jersey, Pennsylvania, South Dakota, and Texas.

State Regulated Chlorinated Tris Products Effected
Bottles or cups intended for children 3 years of age or younger Limit is 0.1 parts per billion (ppb)
July 1, 2013
Reusable food or beverage containers, baby food or infant formula Thermal receipt paper or cash register receipt paper
October 1, 2011 October 1, 2013
Bottles or cups intended for children under 4 years of age
July 2, 2012
Priority chemical - reporting requirements
Children's bottles or cups Infant formula - limit is 0.5 ppb
January 1, 2012 July 1, 2014
Children's reusable food/beverage containers
Manufactured after January 7, 2011 Sold after July 1, 2011
Bottle or cup intended for children under 3 years of age
Manufactured after January 1, 2010 Sold after January 1, 2011
New York
Pacifiers, baby bottles, sippy cups, and other unfilled beverage containers intended for use by children under 3 Also applies to products labeled as "BPA-free".
December 1, 2010
Baby food & infant formula stored in containers with BPA Reusable food or beverage containers such as baby bottles, spill-proof cups, sports bottles, and thermoses.
July 1, 2012
Empty bottles, cups, or other food or beverage containers Empty sports bottles of 64 ounces or less
July 1, 2011 July 1, 2012
Empty baby bottles and spill-proof cups intended for children 3 years of age or younger
June 15, 2010
District of Columbia
Bottles, cups, or containers intended to be filled with food or liquids
July 1, 2011

ATS’ current BPA detection limit is 100 parts per trillion (ppt). Standard turnaround time for this analysis is 3-5 business days.

Are you compliant with the NEW EU toy testing requirement?

The new EN 71 Part 3 (chemical requirements) became effective July 20, 2013. The list of required heavy metals and substances for testing went from eight to nineteen. The limit for each heavy metal/substance is specific to the toy material. Therefore, the new standard now has three material categories. Products are classified into a category based on the material and corresponding metal limits are associated with the category. The list of regulated heavy metals includes: aluminum, antimony, arsenic, barium, boron, cadmium, chromium III, chromium VI, cobalt, copper, lead, manganese, mercury, nickel, selenium, strontium, tin, organic tin, and zinc. In order to comply with the European Union (EU) Toy Safety Directive (2009/48/EC), toy manufacturers/importers must ensure compliance with the new EN 71 Part 3:2013.