HB9: HB9 Safer States Act; enact

Georgia law currently does not restrict the use of certain flame retardant chemicals in common household products. House Bill 9, called the Safer States Act, would change that by adding a new article to the state's fire safety and inspection laws (O.C.G.A. Chapter 15 of Title 25). Starting January 1, 2026, manufacturers and retailers would be barred from selling, distributing, or importing into Georgia any 'covered product' (bedding, carpeting, children's products, residential upholstered furniture, or window treatments) that contains more than 1,000 parts per million of any of a dozen listed flame retardant chemicals, such as TDCPP, TCEP, and decabromodiphenyl ether. The bill also creates a process for the Office of the Safety Fire Commissioner to review and add new chemicals to the restricted list every three years if they are shown to cause cancer, birth defects, or other harm. It sets escalating civil fines for violations, exempts items like motor vehicles and previously owned products, and allows fines to be waived for good-faith compliance efforts. The law would take effect as soon as the Governor signs it.

• Bans manufacturers and retailers from selling or distributing 12 named flame retardant chemicals in bedding, carpeting, children's products, furniture, and window treatments after January 1, 2026.
• Sets a threshold of 1,000 parts per million per component, above which a covered product is considered in violation, with a stricter zero-tolerance rule for nanoscale materials.
• Requires manufacturers to notify retailers by January 1, 2026 if a covered product contains any of the listed chemicals.
• Directs the Office of the Safety Fire Commissioner to review and potentially add new restricted flame retardants every three years based on health and environmental harm findings.
• Creates a tiered civil fine system, from up to $100 per product on a first violation to up to $1,000 per product for a third or later violation, with fines tripled for knowing violations.
• Exempts motor vehicles, watercraft, aircraft, all-terrain vehicles, previously owned goods, and products made before the effective date.

Manufacturers and retailers of bedding, carpeting, children's products, residential upholstered furniture, and window treatments doing business in Georgia, along with the Office of the Safety Fire Commissioner, which would enforce the rules and periodically review new chemicals to restrict.

If enacted, Georgians would no longer be able to buy new mattresses, carpets, children's toys, furniture, or curtains containing certain flame retardant chemicals linked to health concerns, and businesses that sell noncompliant products could face escalating fines starting in 2026.

• Section 1 names the bill the 'Safer States Act.'
• Section 2 adds Article 6 to Chapter 15 of Title 25, defining covered products and listing 12 specific prohibited chemical flame retardants by name and Chemical Abstracts Service number (O.C.G.A. § 25-15-120).
• O.C.G.A. § 25-15-121 bans sale or distribution of covered products exceeding 1,000 parts per million of a listed chemical after January 1, 2026, and requires manufacturer notice to retailers.
• O.C.G.A. § 25-15-122 requires the Safety Fire Commissioner's office to review and potentially add new restricted chemicals every three years based on findings like cancer risk or developmental harm.
• O.C.G.A. § 25-15-123 exempts products made before January 1, 2026, recycled-material items, previously owned goods, and vehicles or their parts.
• O.C.G.A. § 25-15-124 sets civil penalties of $100 to $1,000 per product depending on the number of violations, triples fines for knowing violations, and allows waivers for good-faith compliance.
• Section 3 states the Act takes effect immediately upon the Governor's signature or upon becoming law without signature.

1. 2025-01-15House Second Readers (House)
2. 2025-01-14House First Readers (House)
3. 2025-01-13House Hopper (House)

• Kim Schofield (D, HD-063)Primary sponsor
• Karla Drenner (D, HD-085)
• Sandra Scott (D, HD-076)
• Viola Davis (D, HD-087)
• Derrick Jackson (D, HD-068)

• chemical safety
• children's products
• consumer protection
• flame retardants
• product regulation