18.02.2020 SGS AG
New York State Regulates Toxic Chemicals in Children's Products
SAFEGUARDS | Consumer ProductsNO. 025/20
On February 2, 2020, the governor of the US state of New York signed into law A6296A (companion bill S501-B) to require manufacturers (which include importers or first domestic distributors) of children’s products containing dangerous chemicals (DCs) or chemicals of concern (CoCs) to disclose information on the use of these chemicals at practical quantification limits (PQLs). The Act also prohibits children’s products containing specified DCs from 2023. The signed bill, ‘An Act to amend the Environmental Conservation Law, in relation to regulation of toxic chemicals in children’s products’ (the Act), adds Title IX ‘Toxic Chemicals in Children’s Products’ to Article 37 of the Environmental Conservation Law.
According to the definitions in the new law, manufacturers and children’s products have the following meaning:
- Manufacturer – a person who manufactures a children’s product or whose brand name is affixed to the children’s product. For an imported product, ‘manufacturer’ includes the importer or first domestic distributor of the children’s product if the person who currently manufactures or assembles the children’s product or whose brand name is affixed to the children’s product does not have a presence in the US
- Children’s product – a product primarily intended for, made for or marketed for use by children aged 12 and under, such as apparel, baby products, bedding, car seats, childcare articles, furnishings, furniture, jewelry, novelty products, personal care products, school supplies and toys
The new law contains, inter alia, the following important provisions:
- Directing the New York State Department of Environmental Conservation (NYSDEC) to implement rules and regulations for implementing the Act
- An initial list of 103 entries for CoCs
- An initial list of nine entries for DCs
- The lists of CoCs and DCs will be published on the NYSDEC website by August 28, 2020 (180 days after March 1, 2020) – these will be reviewed periodically
- Reporting requirements for children’s products containing a DC or COC at practical quantification limit (PQL) levels within 12 months after a DC has been added to the list
- Fee requirements and waivers for reporting
- Consumers are to be notified of children’s products containing CoCs and DCs on the NYSDEC website
- Manufacturers of children’s products containing a DC are to notify downstream users on the presence of such a chemical, and to provide information on its toxicity
- Children’s products containing the following DCs will be prohibited* from January 1, 2023:
- Formaldehyde (except in textiles)
- Organohalogen flame retardants
- Tris(1,3-dichloro-2-propyl) phosphate
- Children’s products containing DCs will be prohibited* three years after a DC has been added to the list
*Exemption: a) Children’s products solely based on containing an enclosed battery or enclosed electronic components, and b) state regulation on children’s products is preempted by federal law.
The Act will become effective on March 1, 2020
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