U.S. – New York Updates Toxic Chemicals in Children’s Product Law

Vol. 1151 | 29 Apr 2020

On April 3, 2020, New York Governor Cuomo signed amendments to the Toxic Chemicals in Children’s Product law as part of the Senate Budget Bill S7505. A reporting rule intended to safeguard public health, the law requires manufacturers to report to the Department of Environmental Conservation (DEC) the presence of any intentionally added chemicals identified by the DEC as either a chemical of concern or a high priority chemical.

A child, as defined by the law is anyone under the age of twelve and children’s product is defined as any consumer products intended for or marketed for use by children, such as baby products, toys, car seats, school supplies, personal care products, a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, and children’s novelty products, children’s jewelry, children’s bedding, furniture, furnishings, and apparel. Exemptions to this definition of children’s product are:

• Batteries
• Consumer electronics and their components such as computers, audio and video equipment, gaming consoles, interactive software and their associated peripherals such as pugs, keyboards, headphones, storage devices etc.
• Sporting equipment
• Science kits including chemistry kits and model rockets
• Toy engines and darts with metallic points
• Motor vehicles, watercrafts, all-terrain vehicles and their component parts

Key amendments to the Toxic Chemicals in Children’s Product law are as follows:

• New sections addressing applicability of the law, chemicals of concern and high priority chemicals, establishing a children’s product safety council and a notice to retailers and consumers.
• The applicability section clarifies scope to apply only to new children’s products and not to used products sold or distributed for free. The amendment also provides a small business exception and exempts retailers from the reporting requirement.
• Definitions added for consumer product, intentionally added chemical, trace contaminant, very persistent and very bioaccumulative; definition for dangerous chemicals renamed high priority chemicals.
• Criteria for designation of ‘chemicals of concern’ and ‘high priority chemicals’ are detailed in the newly created section 37-0905. Within two years of effective date, the DEC is required to promulgate a list of chemicals of concern, at minimum considering the chemicals listed in the bill.
• Seven chemicals designated as ‘high priority chemicals’:
  • Tris (1,3 dichloro-2-propyl) phosphate,
  • Benzene,
  • Mercury and mercury compounds,
  • Asbestos,
  • Arsenic and arsenic compounds,
  • Cadmium (other than toy coatings), and
  • Organohalogen flame retardants in upholstered bedding or furniture
• Makes a provision for reciprocal data sharing with other states that have the same reporting requirements.
• Sale prohibition of children’s products containing tris (1, 3 dichloro-2-propyl) phosphate, benzene or asbestos, limited to those where these chemicals are intentionally added and does not include products where they are present as trace contaminants.
• Requirements for establishing a 10-person children’s product safety council specified.
• Notification requirements added for manufacturers to inform retailers of presence of high priority chemicals and provisions for the DEC to inform consumers of the presence of high priority chemicals by posting such information.

The amendment does not change the effective date of March 1, 2020, for the original Senate Bill S501B.

The amended New York Toxic Chemicals in Children’s Product law can be viewed in subpart AA at: https://legislation.nysenate.gov/pdf/bills/2019/a9505b

Insight issued in February 2020, on NY S501B requirements can be reviewed at: https://www.intertek.com/consumer/insight-bulletins/toxic-chemicals-in-childrens-product-law-approved/

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).