APPROVED CHAPTER
JUNE 15, 2021 221
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1233 - L.D. 1662
An Act Regarding Maine's Sales Prohibition on Upholstered Furniture
Treated with Flame-retardant Chemicals
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1609-A, sub-§3, ¶B, as enacted by PL 2017, c. 311, §1, is
amended to read:
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 of California to
meet the flammability standard in California Department of Consumer Affairs, Bureau
of Home Furnishings and Thermal Insulation Technical Bulletin 133, "Flammability
Test Procedure for Seating Furniture for Use in Public Occupancies," dated January
1991; and
Sec. 2. 38 MRSA §1609-A, sub-§3, ¶C, as enacted by PL 2017, c. 311, §1, is
amended to read:
C. New upholstered furniture otherwise subject to the prohibition in subsection 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, 2019 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, 2019.; and
Sec. 3. 38 MRSA §1609-A, sub-§3, ¶D is enacted to read:
D. Electronic components and associated electronic component casings of upholstered
furniture that is subject to the prohibition in subsection 2.
Sec. 4. 38 MRSA §1609-A, sub-§3-A is enacted to read:
3-A. Retailer indemnification. If upholstered furniture delivered to a retailer in the
State by the manufacturer of the upholstered furniture is subsequently determined to
contain flame-retardant chemicals such that it is prohibited from sale or distribution in the
State under subsection 2, the retailer is entitled to a full refund from the manufacturer with
respect to that upholstered furniture, including shipping and other related costs.
Page 1 - 130LR1960(03)


Statutes affected:
Bill Text LD 1662, HP 1233: 38.1609
Bill Text ACTPUB , Chapter 221: 38.1609