A Massachusetts bill banning the use of some flame retardants in household and children’s products is dead, at least for now.
State lawmakers sent the bill to Gov. Charlie Baker’s desk in the closing hours of the 2017-2018 legislative session. Because the session ended and a new one started, the bill could not be amended and fell victim to what’s known as a “pocket veto.”
While saying he supports the elimination of flame retardant chemicals, Baker called the bill flawed and said if he had the opportunity, he would’ve returned the bill with suggested changes. The bill can be filed again in the new State House session and restart the legislative process.
The bill as written would’ve made Massachusetts the only US state to ban certain flame retardants in car seats and non-foam parts of adult mattresses, “products already subject to federal flammability requirements,” according to Baker’s letter to lawmakers.
“In addition, this ban would go into effect in less than five months, cutting the lead time for manufacturers by more than half as compared to the full year provided in the legislation as originally filed,” Baker said in the letter explaining why he didn’t sign the legislation. “The resulting disruption to what is available to consumers in Massachusetts would likely have a disproportionate impact on families with lower incomes who are less able to afford expensive alternatives.”
Baker also noted that the bill called for the Department of Environmental Protection to ban other flame retardants “based solely on certain risks, without any consideration of countervailing benefits.”
The pocket veto earned a note of disappointment from the Professional Fire Fighters of Massachusetts, saying Baker "missed an opportunity to start reducing the risk of occupation cancer for firefighters."
"While the firefighting profession will always be dangerous and come with risk, this proposed ban of toxic flame retardants could have been a step forward to reduce the risk of occupational cancer for our 12,000 members," the group said in a statement.
Science and research about the health effects of the chemic is “irrefutable,” the group continued. “As firefighters, we accept an inherent risk that comes with our profession, but families should not be needlessly put at risk when they purchase children products and household items.”
Baker’s letter came a day after the local chapter of the American Academy of Pediatrics urged the governor to approve the bill, according to the State House News Service.
“In everyday use, flame retardant chemicals migrate out of products in the air and incorporate into household dust. Children are disproportionately exposed to this chemical-laced dust because of their tendency to put things in their mouths, including their own fingers after crawling on dusty floors or dust covered objects they encounter during their explorations,” Dr. Elizabeth Goodman, the president of the Massachusetts chapter of the American Academy of Pediatrics, wrote in a letter to the governor.
The bill, the subject of intense lobbying on both sides, sought to ban 11 flame retardants. Twelve states have similar bans.
Juvenile Products Manufacturers Association and the American Chemistry Council opposed the bill, the News Service reported.
After Baker’s office released the letter from the governor, the Environmental League of Massachusetts Action Fund, an advocacy group, said in a post on Twitter they were “disappointed that Gov Baker has prioritized concerns of chemical companies over parents +firefighters.” The group pledged to "keep up the pressure.
Baker closed his letter to lawmakers by saying the state can be a “leader” in eliminating flame retardant chemicals.
“A deliberative process involving all stakeholders and an implementation schedule that takes into account the realities of manufacturing and distribution practices are key components to any legislation,” he wrote. “I look forward to working with the bill sponsors and stakeholders on a revised form of this legislation in the current session."
Material from State House News Service was used in this report.