What the rule says
New York bars selling or offering for sale new, not previously owned upholstered furniture and mattresses containing intentionally added covered flame retardant chemicals (halogenated, organophosphorus, organonitrogen or nanoscale) from December 1, 2024, and bars custom upholsterers from using replacement components with them from December 1, 2025. The narrow statutory exemption for certain modacrylic and aramid mattress fibers (ECL 37-1005(5)) expired January 1, 2026, and NYSDEC's enforcement discretion for those fibers ran only until June 15, 2026, with no later extension published on its page.
- Where it applies
- New York
- Who it applies to
- Manufacturers, Importers, Retailers and Vendors
Dates
690 days ago
NY sale ban on new upholstered furniture and mattresses with covered flame retardants
From this date no person may sell or offer for sale new, not previously owned upholstered furniture or mattresses with intentionally added covered flame retardant chemicals (ECL 37-1003(1)).
325 days ago
NY custom upholsterer restriction on replacement components
From this date custom upholsterers may not repair, reupholster, re-cover, restore or renew upholstered furniture using replacement components with covered flame retardants (ECL 37-1003(2)).
294 days ago
Statutory mattress fiber exemption (ECL 37-1005(5)) expired
The statutory exemption for modacrylic fiber without antimony trioxide used as an internal barrier in memory or gel foam mattresses, and aramid fibers in the bottom fabric of one-sided mattresses, expired on this date; bills S8412 and A8848 to extend it to 2027-01-01 remain in committee.
129 days ago
End of NYSDEC enforcement discretion for the mattress fiber exemption
NYSDEC's letter of Dec. 19, 2025 limited enforcement discretion under ECL 37-1005(5) to this date; the DEC page published no extension as of 2026-10-19.
Official source
A FurniHub editor read this rule against the source below before it was published. Read the source itself for the exact wording.
Official source: Flame Retardant Chemicals (NYSDEC)(opens in a new tab)
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