1. 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, 482, effective July 1, 2022)