N.Y. Environmental Conservation Law 37-1001 – Definitions
§ 37-1001. Definitions.
Terms Used In N.Y. Environmental Conservation Law 37-1001
- Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-1001
- Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
- 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. See N.Y. Environmental Conservation Law 37-1001
- Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
- 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means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
- Ticking: means the outermost layer of fabric or related material that encloses the core and upholstery materials of a mattress or mattress pad. See N.Y. Environmental Conservation Law 37-1001
- 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. See N.Y. Environmental Conservation Law 37-1001
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.