§ 37-1003. Furniture and mattresses.

Terms Used In N.Y. Environmental Conservation Law 37-1003

  • 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; and

    (b) The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical. See N.Y. Environmental Conservation Law 37-1001
  • Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
  • Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
  • 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means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
  • Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001

1. Beginning December first, two thousand twenty-four, no person shall sell or offer for sale in the state of New York any new, not previously owned, upholstered furniture or mattress, that contains, or a constituent component of which contains, any covered flame retardant chemical, individually or in combination, that is any of the following:

(a) At or above levels set by the department in regulation; or

(b) Intentionally added.

2. Beginning December first, two thousand twenty-five, a custom upholsterer in the state of New York shall not repair, reupholster, re-cover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain any covered flame retardant chemical, individually or in combination, that is any of the following:

(a) At or above levels set by the department in regulation; or

(b) Intentionally added.