An Act To Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New Upholstered Furniture Containing Certain Flame-retardant Chemicals
Maine Legislature, Session 128, LD 0182
Committee: Environment and Natural Resources
Sponsors: KUMIEGA, DEVIN, BREEN, BERRY, BLUME, PIERCE, RYKERSON, SPEAR, THERIAULT, ZEIGLER, BELLOWS
Amends: 38 MRSA §1609-A

Legislative Document
No. 182
H.P. 138
House of Representatives, January 24, 2017
An Act To Protect Firefighters by Establishing a Prohibition on the 
Sale and Distribution of New Upholstered Furniture Containing 
Certain Flame-retardant Chemicals
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KUMIEGA of Deer Isle.
Cosponsored by Representative DEVIN of Newcastle, Senator BREEN of Cumberland and
Representatives: BERRY of Bowdoinham, BLUME of York, PIERCE of Dresden, 
RYKERSON of Kittery, SPEAR of South Thomaston, THERIAULT of China, ZEIGLER of 
Montville, Senator: BELLOWS of Kennebec.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1609-A is enacted to read: 
§1609-A.  Residential upholstered furniture 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Flame-retardant chemical" means a chemical or chemical compound for which a 
functional use is to resist or inhibit the spread of fire. "Flame-retardant chemical" 
includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and 
nanoscale flame retardants and any chemical or chemical compound for which "flame 
retardant" appears on the substance safety data sheet required under 29 Code of 
Federal Regulations, Section 1910.1200(g) (2015). 
B.  "Upholstered furniture" means residential seating products intended for indoor use 
in a home or other dwelling intended for residential occupancy that consist in whole 
or in part of resilient cushioning materials enclosed within a covering consisting of 
fabric or related materials. 
2.  Sales prohibition.  Except as otherwise provided in section 1609, subsection 4, 
effective January 1, 2018, a person may not sell or offer to sell or distribute for 
promotional purposes upholstered furniture containing more than 0.1% of a flame-
retardant chemical or containing more than 0.1% of a mixture that includes flame-
retardant chemicals. 
3.  Exemptions.  The restrictions in subsection 2 do not apply to the following 
upholstered furniture products containing flame-retardant chemicals: 
A.  Used upholstered furniture; and 
B.  Upholstered furniture purchased for public use in public facilities, including, but 
not limited to, schools, jails and hospitals, that is required by the State of California 
to meet the flammability standard in California Department of Consumer Affairs, 
Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133, 
"Flammability Test Procedure for Seating Furniture for Use in Public Occupancies," 
dated January 1991. 
4.  Rulemaking.  The department shall adopt rules to implement this section, 
including, but not limited to, rules identifying the types of products that are seating 
products.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill prohibits a person from selling or offering for sale or distributing for 
promotional purposes new upholstered furniture containing more than 0.1% of a flame-
retardant chemical or containing more than 0.1% of a mixture that includes flame-
retardant chemicals.