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Suffolk County/New York State/USA – Approves Restriction of Six Chemicals in Children’s Products

The Executive of Suffolk County has approved Resolution No. 490-2015 “The Toxic Free Toys Act”, protecting children from exposure to mercury, antimony, arsenic, cobalt, lead and cadmium in children’s products. Oregon Senate bill 478 passed both houses of legislature and will become law once signed by Governor Brown.

According to the act,

1. From 1 July 2016, retailers shall not knowingly distribute, sell or offer for sale any children’s products containing the following toxic chemicals:

Toxic chemical Limit (ppm)
Antimony ≤ 40
Arsenic ≤ 40
Cadmium ≤ 75
Cobalt ≤ 40
Lead ≤ 100 (total content in accessible parts);
≤ 90 in paint or any similar surface coating
Mercury ≤ 40

2. The restrictions in point 1 shall not apply to:

  • Children’s products or apparel that are sold or distributed for free at second-hand stores, yard sales or donated to charities, nor those exclusively sold on the internet;
  • Protective sporting equipment, including but not limited to helmets, athletic supporters, knee pads or elbow pads;
  • Children’s products solely based on their containing enclosed batteries or enclosed electronic components.

3. Starting from 1 December 2016, the Department of Health will randomly inspect retailers, to spot any violation of the law by screening toxic content in children’s products on-site.

Note:

Children’s product: any product primarily intended for, made for, or marketed for use by children. Children’s product does not mean batteries, consumer electronics or electronic components, paper products, or a drug, biologic, medical device, food, or food additive regulated by the US Food and Drug Administration.

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