The Governor of New York State has signed the bill S501B/A6296, which stipulates reporting rules for listed chemicals in children’s products and banning the sale of children’s products containing certain chemicals.

The bill is summarized as follows. More detailed requirements shall be prescribed by rules and regulations issued by the Department of Environmental Conservation of the state.

Listed chemicals and reporting requirements

The Department of Environmental Conservation shall post lists of “Dangerous Chemicals” and “Chemicals of Concern” on its website by 28 August 2020. Although the bill S501B states what the Dangerous Chemicals and Chemicals of Concern are, the chemicals listed on the departmental website shall prevail.

No later than 12 months after a chemical is listed, every manufacturer who offers a children’s product for sale or distribution in the state that contains a Dangerous Chemical or Chemical of Concern shall report such chemical use at practical quantification limits to the Department.

The report on listed chemicals in children’s products shall at least contain the following information:

• a) Identity of children’s product
• b) Dangerous Chemical or Chemical of Concern contained in the children’s product
• c) Intended purpose of the chemicals

Manufacturers may apply for a waiver of all or part of the reporting requirements if meeting specific criteria.

Manufacturers of children’s products containing Dangerous Chemicals shall notify persons that offer the products for sale or distribution in the state, in a form prescribed by the Department, of the presence of such Dangerous Chemicals, and provide such persons with information regarding the toxicity of such chemicals.

The Department shall notify consumers about children’s products containing Dangerous Chemicals and Chemicals of Concern through its website.

Sale prohibition

From 1 January 2023, no person shall distribute, sell or offer for sale a children’s product containing the following chemicals:

• a) Tris(1,3-dichloro-2-propyl) phosphate
• b) Benzene
• c) Formaldehyde (other than in textiles)
• d) Asbestos
• e) Organohalogen flame retardants

No person shall distribute, sell or offer for sale a children’s product that contains a Dangerous Chemical 3 years after being added to the Dangerous Chemical list.

The above sale prohibitions shall not apply:

• a) To a children's product solely based on its containing an enclosed battery or enclosed electronic components; and
• b) Where state regulation of children's products is pre-empted by federal law. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.

Note:

“Children's product” means a product primarily intended for, made for or marketed for use by children aged 12 and under, 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 jewellery, children's bedding, furniture, furnishings, and apparel. "Children's product" does not include:

• a) Batteries; or
• b) Consumer electronic products including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals; or
• c) A food or beverage or an additive to a food or beverage regulated by the United States Food and Drug Administration (USFDA). "Children's product" also does not include a drug, biologic or medical device regulated by the USFDA.

The law shall not apply to various chemicals, products and parties, including:

• a) Chemicals in used children’s products that are sold or distributed for free at second-hand stores, yard sales, on the internet or donated to charities.
• b) Chemicals used in manufacturing processes and not included in the final products.
• c) Motor vehicles and watercraft, and their component parts (however, detachable car seat is not exempted).
• d) Children’s product made by a maker who employ 5 persons or fewer, and are independently owned and operated.

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