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San Francisco committee backs ordinance to ban flame retardants in furniture and children’s products

Public Safety and Neighborhood Services Committee · October 11, 2017
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Summary

The committee voted to forward an ordinance that would bar the sale in San Francisco of upholstered furniture and juvenile products containing added flame retardant chemicals, citing health risks to children, pregnant women and firefighters; the law would take effect Jan. 1, 2019, with compliance and waiver paths for special cases.

Supervisor Mark Farrell introduced an ordinance to amend the City and County of San Francisco’s Environment Code to ban the sale of upholstered furniture and juvenile products that contain added flame retardant chemicals. The committee voted to send the measure to the full Board with a positive recommendation.

The ordinance sets an effective date of Jan. 1, 2019, and specifies how compliance will be verified: required labeling on upholstered furniture and a manufacturer’s letter for covered juvenile products. The proposal shortens the statute of limitations on private suits related to juvenile products from four years to one year and adds a 90‑day City Attorney review period before a private right of action may be filed. The measure also creates a petition/waiver process to address unforeseen cases, such as certain electronic components in motorized furniture.

Proponents emphasized health evidence. Dr. Veena Singla of UCSF summarized research, saying the largest study her team reviewed—covering more than 3,000 mother–child pairs—found that “every tenfold increase in [PBDE] exposure is associated with a loss of 3.7 IQ points in children,” and described links to cancer, reproductive and developmental harms. Local health and environmental groups including the Center for Environmental Health, Environmental Working Group and Sustainable San Francisco urged passage, and the Small Business Commission recorded unanimous support after outreach to retailers.

Industry and some retailers urged clarifications. David Thompson, environmental manager at Panasonic North America, told the committee that motorized massage chairs and other electronically powered furniture contain internal ignition sources and that manufacturers believe additional protection is needed for electronic components; he recommended an exemption for products with state‑issued safety certifications. The San Francisco Chamber and some retailers expressed concern about internet sales and the burden on small brick‑and‑mortar businesses; department staff said the ordinance covers sales in the city, including online sales into the city, and described planned mailings and site visits to affected retailers.

Supervisor Feuer moved a positive recommendation to the full board; the motion passed without objection. The ordinance will next be scheduled for a full Board of Supervisors hearing.