Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 597.7139 - Manufacture, sale, offer for sale or distribution of certain products containing flame-retardant organohalogenated chemicals prohibited; exceptions1. Except as otherwise provided in subsection 3, a manufacturer or wholesaler shall not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this State a children's product, upholstered residential furniture, a residential textile, a business textile or a mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.2. Except as otherwise provided in subsection 3, a retailer shall not sell or offer for sale or use in this State a children's product, upholstered residential furniture, a residential textile, a business textile or a mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.3. The provisions of this section do not apply to: (a) The extent preempted by federal law;(b) Any flame-retardant organohalogenated chemical that:(1) Is a polymeric substance in accordance with the criteria set forth in 40 C.F.R. § 723.250, or is chemically reacted to form a polymer with the materials it is intended to protect; or(2) Has a determination of safety pursuant to 15 U.S.C. § 2604(a)(3)(C) or 15 U.S.C. § 2605(b)(4);(c) The sale or offer for sale of any previously owned product containing a flame-retardant organohalogenated chemical;(d) An electronic component of a children's product, a mattress, upholstered residential furniture or a residential textile or any associated casing;(e) A children's product, a mattress, upholstered residential furniture or a residential textile for which there is a federal or national flammability standard;(f) Thread or fiber for stitching mattress components together; or(g) Components of an adult mattress other than foam.Added to NRS by 2021, 482Added by 2021, Ch. 112,§24, eff. 7/1/2022.