Effective 1 January 2008, a person may not manufacture, process or distribute in commerce a product or flame-retardant part of a product containing more than 0.1 % of commercial mixtures of pentabromodiphenyl ether (Penta-BDE) or octabromodiphenyl ether (Octa-BDE). Such restrictions do not apply to the following:

• Used transportation vehicle with component parts containing PBDEs
• Used transportation vehicle parts or new transportation vehicle parts manufactured before 1 January 2008 containing PBDEs
• Equipment used primarily for military or federally funded space program applications
• Used product containing PBDEs
• New carpet cushion made from recycled foam containing more than 0.1 % PBDE
• Medical Devices
• Telecommunications equipment containing PBDEs used by entities eligible to hold authorisation in the Public Safety Pool under 47 CFR Part 90

Used products do not include products manufactured after 1 January 2008.

Retailers in possession of products containing Penta-BDE and Octa-BDE on 1 January 2008 may exhaust their stocks through sales to the public.

The application of commercial decabromodiphenyl ether (Deca-BDE) shall be reviewed, including availability of technically feasible and safer alternatives, fire safety and any potential harm to public health and the environment. The report on such findings and recommendations shall be revealed by 15 January 2008.

A first offence is subject to a civil penalty not to exceed USD 1000 for each violation. Each subsequent repeat offence is subject to a civil penalty not to exceed UDS 5000.

(This article originally appeared in the August 2007 issue of "SafeGuards".)