Revisions to New York State’s Toxic Chemicals in Children’s Products Law

The New York State governor has signed into law A9505B (companion bill S7505B), amending the state’s law on toxic chemicals in children’s products.

Signed on April 3, 2020, the law, in part, amends Title 9 – ‘Toxic Chemicals in Children’s Products’ to Article 37 of the Environmental Conservation Law. Title 9 to Article 37 was added to the Environmental Conservations Law in February 2020, becoming effective in March 2020. That legislation was only signed on the condition a chapter was agreed that, among other things, established a children’s product safety council and reorganized the regulatory framework for the Department of Environmental Conservation (DEC) to designate chemicals of concern (CoCs) and high-priority chemicals (HPCs).

A9505B contains several important amendments to the original law, including:
• Defines ‘children’s product’ as – a consumer product primarily intended for, made for or marketed for use by children aged 12 and under, such as apparel, baby products, bedding, car seats, furnishings, furniture, jewelry, novelty products, personal care products, school supplies, toys, and childcare articles to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child
• Initial list of 103 CoCs and references to dangerous chemicals deleted
• DEC required to consider 77 entries listed in the amendment, at a minimum, for promulgating a list of CoCs. Must be done within two years of the effective date, and must be periodically reviewed
• Following substances designated as HPCs (also periodically reviewed):
1. Asbestos
2. Arsenic and arsenic compounds, including arsenic trioxide and dimethyl arsenic
3. Benzene
4. Cadmium (except toy coatings)
5. Mercury and mercury compounds, including methyl mercury
6. Organohalogen flame retardants in upholstered bedding or furniture
7. Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)
• Reporting requirements for children’s products containing a CoC or HPC at or above the practical quantitation limit (PQL), within 12 months after these chemicals have been identified – an alternative threshold for reporting trace contaminants may be established
• From January 1, 2023 – children’s products containing intentionally added asbestos, benzene or TDCPP prohibited. Does not apply where:
1. Children’s product is solely based on the containment of an enclosed battery or enclosed electronic components
2. State regulation on children’s products is pre-empted by federal law
3. Presence of the chemical is as a trace contaminant
4. Component is inaccessible
• Establishes a children’s product safety council to advise the DEC on HPCs. It will provide the first list of recommended HPCs to the DEC no later than one year from its initial meeting and then update the list annually
• Manufacturers of children’s products containing an HPC must notify retailers, suppliers and distributors of these products that they contain the substance and provide information on toxicity
• DEC must post information on children’s products containing CoCs and/or HPCs on its website

The amendment came into effect in March 2020, in the same manner as the original legislation passed in February 2020.

Stakeholders are advised to now check their products follow the latest rules concerning the appearance of toxic chemicals in children’s products.

SGS Toy & Juvenile Product Services
SGS offers a wide range of services to ensure that products comply with relevant standards for childcare articles and children’s equipment. They provide consulting, training, product development, testing, audit and inspection services to ensure that products comply with strict regulations worldwide, demonstrating the safety and quality of juvenile products being brought to the market. Learn more about SGS’s Toy & Juvenile Product Services. []

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