The Governor of New York State has signed the bill S7505B/A9505B into law, which amends the rules on disclosing the use of toxic chemicals in children’s products, and banning the sale of children’s products containing certain chemicals (S501B/A6296A). Here is the summary of the reporting requirements with the incorporated amendments.

Listed chemicals and reporting requirements

The Department of Environmental Conservation shall post the list of “Chemicals of Concern” on its website by 1 March 2022.

The following substances shall be designated as “High Priority Chemicals”:

No later than 12 months after a Chemical of Concern or High Priority Chemical is listed,

every manufacturer who offers a children’s product for sale or distribution in the state that contains a Chemical of Concern or a High Priority Chemical shall report such chemical use at or above practical quantification limits or alternative threshold of trace contaminants 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) High Priority Chemical(s) or Chemical of Concern(s) 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 High Priority 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 chemicals, and provide such persons with information regarding the toxicity of the chemicals.

The Department shall notify consumers about children’s products containing Chemicals of Concern and High Priority Chemicals as reported by the manufacturers 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 intentionally added High Priority Chemicals:

• a) Tris(1,3-dichloro-2-propyl) phosphate
• b) Benzene
• c) Asbestos

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;
• b) Where state regulation of children's products is pre-empted by federal law;
• c) Where the chemical is present as a trace contaminant; or
• d) To an inaccessible component of a children’s product that during reasonable, foreseeable use and abuse of the product would not come into direct contact with a child’s skin or mouth.

Note:

“Children's product” means a consumer 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
• b) Consumer electronic products and their component parts including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, video toys that can be connected to a video screen and are operated at a nominal voltage exceeding 24 V and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals, accessories and peripherals to children’s electronic products including plugs, keyboards and headphones, interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks
• c) Sporting equipment including bicycles and tricycles, skis, snow boards, sleds, and roller skates; and hunting and fishing equipment or components thereof
• d) Science kits including chemistry sets and model rockets
• e) Toy engines and sets of darts with metallic points
• f) Motor vehicles or their component parts, watercraft or their component parts, all-terrain vehicles or their component parts, or off-highway motorcycles or their component parts

The law shall not apply to:

• a) 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) High Priority Chemicals used in or for industry or manufacturing, including chemicals processed or used in or for industrial or manufacturing processes and not included in the final products
• c) High Priority Chemicals generated solely as combustion by-products or that are present in combustion fuels
• d) Children’s product made by a manufacturer who employs 5 persons or fewer, and are independently owned and operated

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