California -and in 2013, National Formadehyde Emissions Standard Impacts Many NAMM Members

Manufacturers, importers, distributors and retailers of musical instruments and accessories who sell products containing composite wood products should be aware of rules adopted in 2007 by the California Air Resources Board (CARB) dealing with formaldehyde emissions.

CARB’s airborne toxic control measure (ACTM) is designed to reduce formaldehyde emissions in products containing particleboard, medium density fiberboard or hardwood plywood board. A so-called Phase 1 standard took effect January 1, 2009 and a stricter Phase 2 standard takes effect January 1, 2011.

In addition to eventually banning the sale of non-complying products within the State of California, the CARB rules also require manufacturers to clearly label the product – by using a stamp, tag or sticker – with the manufacturer’s name, the month and year the product was manufactured, and a statement that the product complies with the ACTM (either Phase 1 or Phase 2).

The California rule also contains what’s called a “sell-through” provision, allowing retailers and others within the state to exhaust inventory on the selling floor or in a warehouse at the time the new standards take effect. For example, the last date to sell products which do not comply with Phase 1 (which took effect January 1, 2009) is December 31, 2011. [NOTE: This “sell-through” deadline was extended by CARB in early July, 2010.] After that date, selling non-complying products in California could result in a fine of up to $1,000 per day.

Because it is difficult for many manufacturers and importers to maintain dual inventories – one for California and one for the remaining states – most producers have opted to comply with the California formaldehyde emissions standards for their entire output.

Congress has also recognized this fact and has enacted the Formaldehyde Standards for Composite Wood Products Act (Public Law 111-199) which would make the California Phase 2 standard applicable in all 50 states by 2013. The new federal law essentially tracks the California standard but contains somewhat different provisions regarding the “sell-through” of non-compliant products. Those differences will be worked out in rulemaking proceedings to be instituted by the Environmental Protection Agency.

NAMM has been monitoring developments on this issue both in California and in Washington. Further information can be obtained from NAMM’s Director of Public Affairs at MaryL@namm.org.