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2021 New Hampshire Revised Statutes
Title XXXI - Trade and Commerce
Title 359-Q - Sale of Furniture With Flame Retardant Chemicals
Section 359-Q:7 - Exemptions.
Universal Citation: NH Rev Stat § 359-Q:7 (2021)
359-Q:7 Exemptions. –
I. The prohibition in RSA 359-Q:2 shall not apply to the following upholstered furniture products containing flame-retardant chemicals:
(a) Used upholstered furniture, including antique upholstered furniture.
(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 or by local fire codes to meet specific flammability standards which cannot reasonably be met without the use of flame retardants.
(c) New upholstered furniture otherwise subject to the prohibition in RSA 359-Q:2 that is sold, offered for sale, or distributed for promotional purposes in the state by a retailer or wholesaler on or after January 1, 2021 and that was imported into the state or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the state prior to January 1, 2021.
(d) New upholstered furniture otherwise subject to the prohibition in RSA 359:Q-2 that is manufactured prior to January 1, 2020.
(e) Upholstered furniture which includes electronic or electric components.
(f) Mattresses.
II. Products that meet the following requirements shall be deemed in compliance with this chapter:
(a) Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California BPC section 19101, as amended.
(b) Upholstered furniture bearing a label, as prescribed by California BPC section 19094 (2014), indicating that the product's upholstery materials "contain NO added flame retardant chemicals."
I. The prohibition in RSA 359-Q:2 shall not apply to the following upholstered furniture products containing flame-retardant chemicals:
(a) Used upholstered furniture, including antique upholstered furniture.
(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 or by local fire codes to meet specific flammability standards which cannot reasonably be met without the use of flame retardants.
(c) New upholstered furniture otherwise subject to the prohibition in RSA 359-Q:2 that is sold, offered for sale, or distributed for promotional purposes in the state by a retailer or wholesaler on or after January 1, 2021 and that was imported into the state or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the state prior to January 1, 2021.
(d) New upholstered furniture otherwise subject to the prohibition in RSA 359:Q-2 that is manufactured prior to January 1, 2020.
(e) Upholstered furniture which includes electronic or electric components.
(f) Mattresses.
II. Products that meet the following requirements shall be deemed in compliance with this chapter:
(a) Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California BPC section 19101, as amended.
(b) Upholstered furniture bearing a label, as prescribed by California BPC section 19094 (2014), indicating that the product's upholstery materials "contain NO added flame retardant chemicals."
Source. 2019, 336:1, eff. Sept. 3, 2019.
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