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Family and Firefighter Protection Act signed into law

Governor Kathy Hochul has signed legislation S.4630-B/A.5418-B prohibiting the sale of furniture, mattresses, and electronic displays containing certain dangerous flame retardant chemicals that have been linked to significantly elevated risks of neurological injury, hormone disruption, and cancer. 

“Far too many household items contain toxic chemicals that put our children and first responders at risk for serious illness,” Governor Hochul said. “The furniture, mattresses, and electronics we buy should be safe and with this legislation signed, we can now ensure that when these items are sold in New York, they will be free of hazardous materials.”

The Family and Firefighter Protection Act will regulate chemicals in upholstered furniture, mattresses, and electronic enclosures. It helps to define terms like halogenated chemical, organophosphorus chemical, and organonitrogen chemical. It prohibits the sale of any furniture that contains identified flame retardant chemicals. It also established a fine of up to $2,500 per day for repeated offenses.

Flame Retardants are a class of chemicals added to furniture, electronics, and building materials intended to help prevent fires. However, many flame retardants are associated with adverse health effects in animals and humans, including negative impacts on the immune system, infertility, cancer, and adverse effects on fetal and child development. Children are extremely susceptible to exposure to dangerous chemicals contained in flame retardants. Flame retardant chemicals are also difficult to break down, meaning they can remain persistent in the environment or a home for years. Implementing a restriction on the sale of certain products containing identifiably dangerous flame retardant chemicals will ensure New Yorkers, and their children, are not exposed to hazardous toxins. Moreover, these toxic chemicals have limited value, if any, in preventing or suppressing fires, as other states that have enacted legislation have not experienced more fires or new safety concerns associated with the removal of those chemicals from products.

“Firefighters are regularly exposed to flame retardant toxins in the line of duty, resulting in far higher cancer rates than those in the general population,” said John P. Farrell, president of the Firefighter’s Association of the State of New York (FASNY). “By signing this legislation, Governor Hochul is protecting both the states’ citizens and firefighters. We are pleased to see New York State take an important step forward in eliminating harmful and hazardous chemicals from the environment.” 

FASNY has made this legislation part of its proactive agenda for the last eight years. The legislation, sponsored by Senator Todd Kaminsky and Assemblyman Steve Englebright, passed both houses of the legislature in 2021.

“This new law will help protect first responders from exposure to harmful chemicals. Flame retardants produce toxic chemicals such as hydrogen cyanide that, when inhaled, contributes to the number one cause of fire-related deaths which is smoke inhalation. This is especially dangerous for firefighters,” said Assemblyman Steve Englebright. “Additionally, the presence of these dangerous chemicals in household furnishings endanger our families as the chemicals leach out of products into household dust causing chronic exposure when we breathe and play with our children in our homes. These chemicals are known to cause adverse health effects including cancer, infertility, and damage to our immune systems.”

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