Formaldehyde Labelling for Goods Made with Composite Wood Products Effective December 2017

The Environmental Protection Agency has published a final rule implementing the formaldehyde emission standards established by Congress in 2010 (in title VI of the Toxic Substances Control Act) for imported and domestically produced composite wood products. Key provisions of this rule include the following.

• Effective 12 December 2017, hardwood plywood (including laminated products not exempt from the definition of hardwood plywood), particleboard and medium-density fibreboard that is sold, supplied, offered for sale, manufactured or imported in the United States must be in compliance with these standards, must be certified by a third-party certifier as being in compliance, and must be labelled with the producer’s name (or other identification), lot number, third-party certifier number and a statement of compliance.
• Effective 12 December 2017, finished goods made from covered products (e.g., furniture, cabinets, flooring, picture frames, toys and building materials) must be labelled with the fabricator’s name, the date the good was produced and a statement of compliance.
• Effective 12 December 2018, importers of regulated composite wood products or articles that contain them must comply with the import certification regulations for chemical substances in bulk and as part of mixtures and articles in 19 CFR 12.118 through 12.127.
• Effective 12 December 2023, laminated products must comply with the hardwood plywood emission standard and the testing, certification and recordkeeping requirements for composite wood products.
• Finished goods, including component parts sold separately to end users, containing only a de minimis amount (144 square inches or less) of regulated composite wood product are excluded from the labelling requirements but not the recordkeeping requirements or other provisions.
• A programme is established under which third-party certifiers will test raw composite wood products to verify compliance (finished goods will not require testing and certification) and will be accredited to do so by EPA-recognised accreditation bodies.
• Composite wood products made with no-added formaldehyde and ultra-low emitting formaldehyde resins may be eligible for less frequent testing or a two-year exemption from third-party testing and certification after an initial testing period of three months (NAF) or six months (ULEF).