359-Q:1 Definitions. – In this chapter: I. " Flame-retardant chemical " means a chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. " Flame-retardant chemical " includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound […]
359-Q:2 Prohibition. – I. No person shall import for sale or ship to a customer in this state, nor shall any person manufacture for sale in this state, upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1 percent of a flame-retardant chemical or more than 0.1 […]
359-Q:3 Certificate of Compliance. – In addition to any other remedies and procedures authorized by this chapter, the attorney general may request that a manufacturer of upholstered furniture distributed for sale in this state provide the attorney general with a certificate of compliance with this chapter. Within 30 days of receipt of request for […]
359-Q:4 Retailer Indemnification. – If a retailer takes delivery of upholstered furniture from a manufacturer that is subsequently found to contain one or more flame-retardant chemicals, the retailer is entitled to a full refund, including shipping and other related costs, from the manufacturer. Source. 2019, 336:1, eff. Sept. 3, 2019.
359-Q:5 Violations; Consumer Protections. – Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, may be used to enforce the provisions of this chapter. […]
359-Q:6 Confidentiality. – Information submitted to the department of justice pursuant to this chapter may be designated as confidential by the submitting party and not subject to disclosure under RSA 91-A, except during an enforcement action brought forward by the attorney general. Source. 2019, 336:1, eff. Sept. 3, 2019.
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 […]
