Oregon Bans Decabrominated Diphenyl Ether and Other Flame Retardants

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Effective January 1, 2011, the Oregon legislature has banned the sale into Oregon of any products containing more than one-tenth of one percent of decabrominated diphenyl ether ("DECA"), CAS# 1163-19-5, a commonly used flame retardant chemical. This legislation was passed during the 2009 legislative session, and is the most restrictive DECA legislation in the country. Unlike Washington, which limited its DECA legislation to prohibiting its use in mattresses, residential upholstered furniture, and computer and TV enclosures, Oregon legislation bans nearly all products that contain DECA in prohibited amounts except for certain applications in transportation vehicles. Rulemakings are anticipated on this issue in the very near future but the ban is in effect. Violations of this law may lead to civil and criminal penalties, as well as an obligation to repurchase all products containing DECA sold into Oregon.

For questions on compliance with Oregon's DECA law, or advice on inadvertent sale of DECA products in Oregon, please contact a key contributor.

Key Contributors

Louis A. Ferreira
Timothy W. Snider
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