Relates to the definition of portable temporary shelters for the purposes of prohibitions on the manufacture or sale of products containing highly flammable materials.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7875
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the general business law, in relation to enacting the
"no toxics tent act"
PURPOSE OR GENERAL IDEA OF BILL:
Clarifies that recreational camping tents and children's play tents
intended for occupancy by fewer than fifteen people shall not be subject
to the requirements of Article twenty nine of the General Business Law,
which mandates the use of toxic flame retardant chemicals, provided that
such small tents are manufactured entirely from synthetic fibers.
SUMMARY OF SPECIFIC PROVISIONS:
Section one titles the bill the "no toxics tent act."
Section two amends the definition of "portable temporary shelter" to
apply to places of assemblage that are intended to fit fifteen or more
people and to exclude children's play tents, camping tenants, or other
recreational tents with fabric made entirely from synthetic fibers.
Section provides that the bill shall take effect immediately.
JUSTIFICATION:
The dangers of flame retardants to human health have long been docu-
mented by scientists and policymakers. In New York, chapter eight
hundred twenty nine of the laws of 2021 banned flame retardants in
mattresses and upholstered furniture in light of their toxic qualities
associated with hormonal disruption, cancer, and brain development.
The International Association Fire Fighter has consistently called for
the removal of flame retardants from children's products, upholstered
furniture, and in both camping and play tents. Despite this, New York is
the only remaining state that continues to require these toxic chemicals
in common camping and children's play tents. Minnesota repealed its
requirement in 2024, while Michigan and California repealed their
requirements in 2023. Massachusetts removed its requirement in 2025.
Requirements in two other states are self-updating to current consensus
standards.
Scientists have confirmed that the presence of toxic flame retardants,
including organophosphorus compounds, is common in recreational camping
and backpacking tents (Keller at al., 2014). Manufacturers confirm that
these flame retardants are added for purposes of complying with existing
New York state law. A 2016 Duke University study showed that campers are
easily exposed to toxic flame retardants when setting up their tent, as
well as via inhalation when inside the tent (Gomes at al., 2016). Flame
retardant chemicals also put vulnerable wildlife at risk.
The inclusion of toxic flame retardants in tents poses many dangers
while delivering minimal benefit. When flame retardant requirements were
first introduced in the 1960s and 70s (New York instituted theirs in
1969), tents were mostly made of cotton canvas and were very flammable.
As a result of the synthetic materials used in modern tents, tent fires
are now exceedingly rare. Out of the over 3,200 emergency department-
treated tent-related injuries recorded by the CPSC between 2010 and
2015, only 8 were related to tent fires. Testing conducted by the CPSC
has demonstrated that synthetic textiles have lower flammability charac-
teristics than the cotton materials in use when this requirement was
first promulgated.
By eliminating the applicability of existing performance requirements to
tents that hold fewer than 15 people, New York would be joining 49 other
states to better protect campers and children from unnecessary exposure
to toxic chemicals,
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
7875
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to enacting the
"no toxics tent act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "no toxics
2 tent act".
3 § 2. Subdivision 3-a of section 500 of the general business law, as
4 added by chapter 318 of the laws of 1978, is amended to read as follows:
5 3-a. "Portable temporary shelter" shall include but shall not be
6 limited to[,] any type of tent[, fold-out or pop-up camping or tent
7 trailer, recreational vehicle awning or add-on room or shelter, or
8 screen house] made in whole, or in part of fabric or related material
9 and defined as a place of assemblage in or under which fifteen or more
10 persons may gather. This subdivision shall not apply to tents designed
11 or manufactured for children's play, camping, backpacking, or mountai-
12 neering, provided that such tents are constructed with fabric made
13 entirely from synthetic fibers.
14 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11284-02-5
