US Maryland to Ban Flame Retardant TCEP in Certain Childcare Products

The US state of Maryland recently approved measures to limit tris-(2-chloroethyl) phosphate (TCEP) in certain childcare products. The new law takes effect on 1 October 2013.
Mayland restricts flame retardants
Mayland restricts flame retardants
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July 3, 2013 - PRLog -- Following California’s Proposition 65

In August 2011, New York became the first state in the US to prohibit the use of the flame retardant tris-(2-chloroethyl) phosphate (TCEP) in certain childcare products, including toys, for children under 3(1).  The flame retardant TCEP has also been on California’s Prop 65 list of chemicals since April 1992(2). In April 2013, a Prop 65 settlement was reached which resulted in the reformulation of, among other flame retardants, TCEP in polyurethane (PU) foam materials in certain children’s products. The consent agreement listed 13 flame retardants, two of which are on the Prop 65 list [tris-(1,3-dichloro-2-propyl) phosphate (TDCPP) and TCEP](3).

In March 2013, we informed you that Maryland proposed to restrict TCEP in certain toys and childcare articles (4). On 2 May 2013, the Governor of the US state of Maryland signed House Bill 99 (HB 99) into law to restrict TCEP in certain childcare products, including toys, for children under 3(5). Maryland became the 2nd jurisdiction in the US to regulate TCEP in childcare products for children under 3. The scope of products is identical to those in New York, but New York has more stringent requirements. The new law for Maryland takes effect on 1 October 2013.

Flame Retardants: Regulation Highlights

Highlights of the new law and a comparison with the prohibition of TCEP in New York are summarized in Table 1 (

Since the beginning of 2013, a number of jurisdictions in the US have introduced bills to regulate flame retardants (6).  These include Connecticut, Maryland, Massachusetts, New Jersey, Vermont and Washington. Delaware and North Carolina have recently introduced bills to regulate, among other chemicals, flame retardants in certain consumer products. Highlights of these are summarized in Table 2 (

About SGS Toys and Juvenile Products Services

Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing, consultancy for flame retardants, flammability tests and other restricted substances in consumer products for wpxwm the US and international markets.  


1. SafeGuards 157/11
2. OEHHA’s Proposition 65
3. SafeGuards 070/13
4. SafeGuards 49/13
5. HB 99
6. SafeGuards 49/13

Please do not hesitate to contact the SGS experts for further information.

Contact details:

SGS Consumer Testing Services

Hing Wo Tsang
Senior Technical Services Manager
SGS Hong Kong Ltd.
5-8/F, 28/F, Metropole Square, 2 OnYiu Street, SiuLek Yuen
Shatin, NT, Hong Kong, China
t: +852 2774 7420


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