HB 9: Safer States Act; enact

Georgia currently has no specific state law limiting flame retardant chemicals in common household products. This bill would add a new article to Georgia's fire safety code (O.C.G.A. Title 25, Chapter 15) that names twelve specific flame retardant chemicals, such as TDCPP, TCEP, and decabromodiphenyl ether, and bans their use above 1,000 parts per million in covered products after January 1, 2026. Covered products include bedding, carpeting, children's products, residential upholstered furniture, and window treatments. Manufacturers would have to notify retailers if a product contains any of these chemicals. The state Safety Fire Commissioner's office would review and potentially add new banned chemicals every three years if they are shown to cause cancer, developmental harm, or other toxic effects. Violators face escalating fines, from up to $5,000 for a first offense to up to $50,000 for repeat violations, though the office can waive penalties for good-faith compliance efforts. The law would take effect as soon as the Governor signs it.

• Bans selling, manufacturing, or importing covered products in Georgia that contain listed flame retardant chemicals above 1,000 parts per million, starting January 1, 2026.
• Requires manufacturers to notify retailers and sellers if a covered product contains any prohibited flame retardant chemical.
• Creates a process for the Safety Fire Commissioner's office to review and add newly restricted flame retardant chemicals every three years based on health and toxicity findings.
• Sets escalating civil fines for violations, from up to $5,000 for a first offense up to $50,000 for repeat offenses, with tripled penalties for knowing violations.
• Allows the office to waive penalties if a manufacturer or retailer acted in good faith and promptly fixed noncompliance.
• Exempts products made before January 1, 2026, used or secondhand goods, and vehicles like cars, boats, and ATVs from the ban.

Manufacturers and retailers who make or sell bedding, carpeting, children's products, upholstered furniture, and window treatments in Georgia, as well as the state Safety Fire Commissioner's office, which would enforce the rules and review new chemicals for restriction every three years.

Consumers who buy mattresses, furniture, carpeting, or children's items in Georgia would be less likely to encounter certain flame retardant chemicals linked to cancer, developmental harm, or hormone disruption. Businesses that make or sell these products would need to reformulate items or verify chemical content to avoid fines.

• Code Section 25-15-120 defines key terms including 'covered product,' 'manufacturer,' 'retailer,' and lists twelve specific 'prohibited chemical flame retardants' by chemical name and CAS number.
• Code Section 25-15-121 bans selling or importing covered products containing prohibited chemicals above 1,000 parts per million after January 1, 2026, and requires manufacturer notice to retailers.
• Code Section 25-15-122 directs the Safety Fire Commissioner's office to review chemicals every three years and add new bans through rulemaking if a chemical is shown to cause cancer, developmental harm, or other toxicity.
• Code Section 25-15-123 exempts pre-2026 inventory, recycled-material products, secondhand goods, and motor vehicles, watercraft, aircraft, and ATVs from the restrictions.
• Code Section 25-15-124 sets civil penalties on a rising scale: up to $5,000 for a first violation, $25,000 for a second, and $50,000 for a third or later violation, tripled for knowing violations, with a good-faith waiver option.
• Section 3 states the law would take effect as soon as the Governor signs it or it otherwise becomes law.

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
• consumer products
• flame retardants
• children's products
• product regulation