Questions remain on formaldehyde rules
First phase of California law takes effect in January
Heath E. Combs -- Furniture Today, May 27, 2008
SACRAMENTO, Calif. — Peter Fynboh, director of product quality for Ashley Furniture, is hard-pressed to know what effects California’s new formaldehyde emissions requirements will have on this industry.
With questions still unanswered, he’s nervous about the fact that the law will take effect in phases starting Jan. 1.
The new regulations, which will limit formaldehyde emissions from composite wood panels — hardwood plywood, particleboard and medium density fiberboard (MDF), materials that are commonly used in furniture — could prove to be too taxing for the supply chain in Southeast Asia, said Fynboh.
California’s law will require that paperwork be kept all along the supply chain — from manufacturers of the composite boards, to distributors feeding the product to manufacturers around the world, to retailers in the state. It will be a daunting task, said Fynboh.
Estimates of the network of composite producers in Southeast Asia ranged from hundreds to thousands.
“This case is not that companies don’t want to do it. It’s: Is the physical supply chain ready? Under the record keeping laws they want us to have, we will have to account for every panel and prove that (every) panel supplier is under control,” he said.
After the law takes effect, any retailer in California selling non-compliant products will be told to stop. The rule applies to any composite panel that will be sold in the state.
One consequence of the law could be that the supply of composite panels will be restricted, particularly in Asia, said Fynboh. If the paperwork is too difficult, the board producers might stop selling to furniture manufacturers, he said.
Everyone in the supply chain that takes possession of any composite panel — from supplier to manufacturer to retailer — will be held accountable for assuring it complies with the new regulations, said Dimitri Stanich, information officer for the California Air Resources Board or CARB, which will enforce the law.
Fines of $1,000 to $10,000 per day per violation will be possible. State officials will audit the paperwork that tracks every step in the supply chain of composite wood products.
“If a kitchen wasn’t done with compliant woods, we’ll hold the carpenter responsible. We’ll ask for his distributor. This will go all the way up the chain with everyone that had control,” Stanich said.
The regulation requires that wood be marked as meeting CARB certifications. Each entity handling the product will need to show that when they received it, the panel had appropriate labeling.
One issue that concerns furniture suppliers is how the boards will be certified as meeting the formaldehyde standard. Third-party certifiers chosen by CARB will be required to verify that composite panel makers are complying with the standard, and will verify the accuracy of emissions testing done by manufacturers of the panels.
Stanich said that so far, only two certifiers have been approved in the United States: the Composite Panel Assn. and Professional Service Inds. In Asia, two candidates have expressed interest in becoming certifiers: the Chinese branches of Britain’s Intertek Testing Services and Indonesia’s MUTU Certification.
As CARB started work on a formaldehyde rule in 2001, the Composite Panel Assn., which represents panel producers in North America, began working with the agency to help develop the rule.
Curt Alt, vice president of marketing and communications for the CPA, said the association formed the California Wood Inds. Coalition to follow the issue in 2002. Coalition members include several trade organizations, including the American Home Furnishing Alliance.
Alt said the panel group wants to make sure that all who are involved in the production and use of the composite products are held to the same standard by state officials.
“Our concern is that a few manufacturers may attempt to falsify paperwork or circumvent the rule, thereby harming everyone who is working hard to comply,” he said.
It will be difficult for enforcement officials to rigorously test all the products that contain composite wood, he added.
“The question is how rigorous their enforcement will be, how many checks will they be able to make, how accurate their testing will be, and how fair will they be in holding the right parties accountable,” Alt said.
He added that industry officials also are concerned that big-box retailers like Ikea and Home Depot may be unfairly targeted because they are large consumers of composite panels.
“Our concern is that CARB will confine their enforcement activities to furniture and other big-box retailers because they are easy targets of opportunity,” said Alt. “But what about all of the other products that use composite panels?
“We’ve been saying all along that this regulation needs to be enforced equally against all products, manufacturers and retailers. I think it’s safe to say many retailers have very little awareness of the rule and even less knowledge about which products in their stores contain composites.”
Stanich said CARB will inspect all levels in the distribution chain, regardless of size.
Alt said that while officially the rule only applies to products sold in California, North American panel manufacturers probably won’t segregate products into California and non-California inventory.
“It’s not cost effective,” he said.
In essence, that will make the California rule a de facto standard for the nation if not the world, observers said.
Kevin Sauder, president of manufacturer Sauder Furniture, said that meeting the CARB standard shouldn’t pose a major problem for the North American panel producers and fabricators his company uses.
“They have not all been certified, but we believe that will happen soon,” Sauder said.
But because so few third-party certifiers have been approved by CARB, there is an unreasonable expectation for the time frame for third-party certifiers in the Asian supply chain, he and Fynboh said.
Ashley Furniture estimates that there are less than 20 large-chamber formaldehyde-testing certification facilities worldwide, and less than 250 small chambers. Ashley alone would require more than 350 test chambers to handle compliance of its composite wood products.
As Asian composite panel producers are tested and approved, a short group of certified mills may be tasked with supplying all the furniture producers, Sauder said. That would place a large demand on them that would likely drive up the price of Asian board, he said.
Domestic board prices aren’t expected to change much, said Sauder.
“I’m okay for 80% of my business, but for 20% I’m worried about getting certified product for the right price,” Sauder said.
“I’m afraid so few mills are certified that it will create enormous chaos. And this may affect furniture supply to California until the appropriate number of mills gets certified.”
To view the CARB Final Regulation document, visit http://www.arb.ca.gov/regact/2007/compwood07/fro-final.pdf
