The Albany County of New York State has adopted Local Law No. “P” for 2015 as a new version of “The Toxic Free Toys Act” to protect children from exposure to toxic chemicals. Seven chemicals in children’s products and children’s apparel were previously banned by Local Law No. “J” for 2014 (see Regulatory Update us_15_003), and now concentration limits of these chemicals are specified in the ｕｐｄａｔｅd law. The new law shall take effect on 1 July, 2016.

Children’s products and children’s apparel containing chemicals greater than the following limits shall not be sold or offered for sale in the County of Albany:

The above limits shall not apply to:

a.     used children’s products that are sold or distributed for free at secondhand stores, yard sales, on the internet or donated to charities; and

b.    protective sporting equipment designed to prevent injury, including but not limited to helmets, athletic supporters, knee pads or elbow pads.

Federal standards for children’s product safety designated by the Federal Government under final rules of the Consumer Product Safety Improvement Act (CPSIA), the Federal Hazardous Substances Act (FHSA), or the Consumer Product Safety Act (CPSA) shall be used for determining product conformance, unless the State of New York or County of Albany obtains a ruling from the Consumer Product Safety Commission (CPSC) that the standards established by the State or the County are exempt pursuant to the CPSA, Title 15, Chapter 47, Section 2075 from the requirement of identicality with the Federal standards.

Note:

1.  “Children’s product” means a product primarily intended for, made for, or marketed for use by children aged 12 and under, excluding:

• batteries
• consumer electronics or electronic components
• paper products
• a drug, biologic, medical device, food, or food additive regulated by the US Food and Drug Administration (FDA)

2.   “Children’s apparel” means an item of clothing that consists of fabric or related material intended or promoted for use in clothing for children aged 12 and under.

3.   Local Law No. “J” for 2014 was filed as Local Law 1 for 2015 in the Office of the New York State Secretary of State. The latter law number is used for citation in Local Law No. “P” for 2015.

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