Cal. BPC § 19100 — California Code / Code bpc / Division 8 / Chapter 3 / Article 5.5 / Section 19100
Section 19100
Status: in_force

For the purposes of this article, the following definitions apply:

(a) “Chemical” has the same meaning as in subdivision (a) of Section 19094.

(b) “Consumer price index” has the same meaning as in subdivision (a) of Section 19094.

(c) (1) “Covered flame retardant chemical” means any chemical that meets both of the following criteria:

(A) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire, including, but not limited to, any chemical for which the term “flame retardant” appears on the Occupational Safety and Health Administration substance safety data sheet pursuant to subdivision (g) of Section 1910.1200 of Title 29 of the Code of Federal Regulations as it read on January 1, 2019.

(B) The chemical is one of the following:

(i) A halogenated, organophosphorus, organonitrogen, or nanoscale chemical.

(ii) A chemical defined as a “designated chemical” in Section 105440 of the Health and Safety Code.

(iii) A chemical listed on the Washington State Department of Ecology’s list of Chemicals of High Concern to Children in Section 173-334-130 of Title 173 of the Washington Administrative Code as of January 1, 2019, and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list.

(2) As used in this subdivision:

(A) “Halogenated chemical” means any chemical that contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine.

(B) “Organophosphorus chemical” is any chemical that contains one or more carbon elements and one or more phosphorus elements.

(C) “Organonitrogen chemical” is any chemical that contains one or more carbon elements and one or more nitrogen elements.

(d) “Juvenile product” means a product subject to this chapter and designed for residential use by infants and children under 12 years of age, including, but not limited to, a bassinet, booster seat, changing pad, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat.

(e) Juvenile products do not include any of the following:

(1) Products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles.

(2) Products subject to Part 571 of Title 49 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft.

(3) Products required to meet state flammability standards in Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”

(4) Consumer electronic products that do not fall under the bureau’s jurisdiction for flammability standards.

(f) “Mattress” has the same definition as that term is defined in Section 1632.1 of Title 16 of the Code of Federal Regulations.

(g) “Reupholstered furniture” means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement, and that is required to meet the flammability standards set forth in Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Reupholstered furniture shall not include products required to meet Technical Bulletin 133.

(h) “Upholstered furniture” has the same meaning as “covered products” does in subdivision (a) of Section 19094.