Bill Summary for H 648 (2015-2016)

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Summary date: 

Apr 13 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 648 (Public) Filed Monday, April 13, 2015
AN ACT TO RESTRICT THE SALE AND DISTRIBUTION OF BEDDING THAT CONTAIN TOXIC FLAME RETARDANTS.
Intro. by McGrady, Harrison, Jeter, Glazier.

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Bill summary

Enacts new Article 4I of Chapter 106 to prohibit the manufacture, sale, or distribution of bedding that includes regulated flame retardants and to prohibit manufacturers from replacing regulated flame retardants with chemicals that have been identified as having similar concerns. Prohibitions do not apply to the sale of used or renovated bedding.

Authorizes the Commissioner of Agriculture (Commissioner) to grant a time-limited exemption in some circumstances and charge a fee for the exemption. Also authorizes the Commissioner to establish labeling and incentive programs to promote and support manufacturers of bedding that meets fire standards without the use of chemical fire retardants.

Requires the Commissioner to develop an education program for bedding retailers regarding the requirements of the law. Authorizes the Commissioner to participate in a regional collaborative to support implementation of the law.

Requires the Commissioner to submit annual reports to the Environmental Review Commission, with the first being due by January 15, 2016.

Creates an enforcement structure that authorizes the Commissioner to require a manufacturer to produce a certificate of compliance or notify those selling the bedding that it is noncompliant. Authorizes the Commissioner to impose civil penalties, pursue an injunction, or both.

Directs the Board of Agriculture and the Department of Agriculture and Consumer Services to adopt rules.

Amends GS 106-65.97 to require that bedding manufacturers comply with the new requirements.

New requirements apply to bedding manufactured, offered for sale, or distributed after January 1, 2017.