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This entry was published on 2022-01-28
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SECTION 37-1001
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 10
§ 37-1001. Definitions.

As used in this title:

1. "Consumer product" means any product that is regularly used or
purchased to be used for personal, family or household purposes.
Consumer product shall not mean: (a) a food or beverage or an additive
to a food or beverage regulated by the United States Food and Drug
Administration; or (b) a drug, biologic or medical device regulated by
the United States Food and Drug Administration.

2. "Covered flame retardant chemical" means any chemical that meets
both of the following criteria:

(a) A functional use for the chemical is to resist or inhibit the
spread of fire or as a synergist to chemicals that resist or inhibit the
spread of fire; and

(b) The chemical is one of the following: a halogenated,
organophosphorus, organonitrogen, or nanoscale chemical. As used in this
title:

(i) "Halogenated chemical" is any chemical that contains one or more
halogen elements, including fluorine, chlorine, bromine, or iodine.

(ii) "Organophosphorus chemical" is any chemical that contains one or
more carbon elements and one or more phosphorus elements.

(iii) "Organonitrogen chemical" is any chemical that contains one or
more carbon elements and one or more nitrogen elements.

3. "Custom upholsterer" means a person who, either by himself or
herself or through employees or agents, repairs, reupholsters, recovers,
restores, or renews upholstered furniture. A custom upholsterer shall
not include any manufacturer of new, ready to be sold furniture, or new
made to order furniture.

4. "Electronic display" means a consumer product with a display screen
and associated electronics that, as its primary function, displays
visual information from wired or wireless sources and is available for
purchase by individuals or households for personal use in a residential
space. Electronic display shall not include: (a) any electronic display
with a screen area smaller than or equal to one hundred square
centimeters or fifteen and one-half square inches; (b) projectors; (c)
virtual reality headsets; (d) all-in-one video conference systems; or
(e) displays that are integrated with appliances and are not available
for purchase as separate products by end-users.

5. "Gel foam mattress" means a mattress in which interior foam layers
are composed of polyurethane foam or latex foam which has a
polyurethane-based gel material either mixed with the foam or applied to
the outer surface of polyurethane or latex foam, or a mattress in which
the core or padding layers are composed solely of gel material.

6. "Intentionally added" shall have the same meaning as "intentionally
added chemical" in subdivision eleven of section 37-0901 of this
article.

7. "Mattress" means a ticking filled with a resilient material used
alone or in combination with other products intended or promoted for
sleeping upon.

8. "Memory foam mattress" means a mattress which contains interior
layers of foam composed of viscoelastic polyurethane foam or
low-resistance polyurethane foam.

9. "Organohalogen flame retardant chemical" means a chemical that
meets both of the following criteria:

(a) A functional use for the chemical is to resist or inhibit the
spread of fire or as a synergist to chemicals that resist or inhibit the
spread of fire; and

(b) The chemical contains one or more halogen elements, including
fluorine, chlorine, bromine, or iodine, bonded to carbon.

10. "Reupholstered furniture" means furniture whose original fabric,
padding, decking, barrier material, foam, or other resilient filling has
been replaced by a custom upholsterer, that has not been sold since the
time of the replacement.

11. "Ticking" means the outermost layer of fabric or related material
that encloses the core and upholstery materials of a mattress or
mattress pad. A mattress ticking may consist of several layers of fabric
or related materials quilted together.

12. "Upholstered furniture" means any item of furniture, that
consists, in whole or in part, of leather, plastic, fabric or other
material that contains cotton, wool, polyurethane or other natural or
synthetic material that is placed in cushions or on the frame of the
furniture.

13. "Upholstered or reupholstered furniture component" means the
separate constituent parts of upholstered furniture, specifically cover
fabrics, barrier materials, resilient filling materials, and decking
materials.