Nevada Introduces Restrictions on PFAS and OFR in Some Consumer Goods

A look at Nevada’s new restrictions on PFAS and OFR in specified consumer products. End Quote

(1888PressRelease) June 23, 2021 - Stakeholders are advised that perfluoroalkyl and polyfluoroalkyl substances (PFAS) and (additive) organohalogenated flame retardants (OFR) are to be regulated in a wide variety of consumer products in the US state of Nevada.

The state governor signed AB 97 (Chapter 112, 2021 Session) into law on May 27, 2021. This act amends the state’s Revised Statutes in relation to:
• Chapter 459 ‘Hazardous Materials’ – PFAS in firefighting foams – prohibited for testing and firefighting training, except in specific uses
• Chapter 597 ‘Miscellaneous Trade Regulations and Prohibited Acts’ – OFR in business textiles, children’s products, mattresses, residential textiles and upholstered residential furniture – restricted to no more than 1,000 ppm for each OFR

To learn about exemptions to the OFR requirement, read SGS’s original SafeGuard 077/21.

The Act includes the following definitions:
• ‘PFAS’ – family of fluorinated organic chemicals with at least one fully fluorinated carbon atom
• ‘Residential textile’ – textile designed for residential use as a covering on windows or walls
• ‘Children’s product’ – product primarily designed or intended to be used by or for a child under 12 years of age

The definition of ‘children’s product’ does not include:
• A tent or sleeping bag
• Consumer electronic products and components or products complying with Directive 2002/95/EC of the European Union (currently Directive 2011/65/EU, RoHS Recast)
• Devices within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C § 321 (h))
• Food, beverage, dietary supplement, pharmaceutical or biological products
• Outdoor sports equipment
• Toys meeting the latest version of ASTM F963 ‘Standard Consumer Safety Specification for Toy Safety’

Stakeholders should be aware the provision relating to PFAS will come into effect on January 1, 2022, and the provision for OFR will become effective on July 1, 2022.

SGS Chemical Testing
SGS offers a comprehensive range of testing services to help manufacturers and suppliers ensure their products are safe and comply with national and international regulations concerning harmful chemicals. Learn more about SGS Chemical Testing Services. [www.sgs.com/en/consumer-goods-retail/hardgoods/diy-tools-and-hardware/testing/chemicals-testing]

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full State of Nevada, USA, Regulates PFAS and Flame Retardants in Certain Consumer Goods SafeGuardS. [www.sgs.com/en/news/2021/06/safeguards-07721-state-of-nevada-usa-regulates-pfas-and-flame-retardants-in-certain-consumer-goods]

Subscribe here, www.sgs.com/subscribesg, to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Dr. HingWo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420
Email: crs.media ( @ ) sgs dot com
Website: www.sgs.com/cgnr
LinkedIn: sgs-consumer-goods-&-retail

About SGS
We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 89,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

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