N.Y. Environmental Conservation Law § 37-1001: Definitions

§ 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.