After a series of legal disputes, the Department of Health of Albany County, New York State has published regulations for enforcing The Toxic Free Toys Act (Local Law No. 1 of 2015/No. J for 2014, see Regulatory Update us_15_003 for details). The regulations shall be effective on 1 November 2017.
Without contradicting provisions of federal laws like the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA), the Toxic Free Toys Act Regulations shall apply to products and apparel for children aged 12 and under.
Chemical requirements
Toxic chemical
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Limit
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Test methods used by the Department
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Surface coating
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Accessible substrate
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Antimony (This does not apply to antimony in polyester) |
≤ 60 ppm (soluble) |
≤ 60 ppm (soluble) (For toys and their components only, calculated pursuant to ASTM F963) |
· XRF as per CPSC-CH-E1001-08.3 or CPSC-CH-E1002-08.3 · Testing performed at a CPSC accredited laboratory · FHSA protocol requirements |
Arsenic | ≤ 25 ppm (soluble) |
≤ 25 ppm (soluble) (For toys and their components only, calculated pursuant to ASTM F963) |
|
Cadmium | ≤ 75 ppm (soluble) |
≤ 75 ppm (soluble) (For toys and their components only, calculated pursuant to ASTM F963) |
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Lead | ≤ 90 ppm (soluble) |
≤ 100 ppm (total) (For toy and apparel components) |
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Mercury | ≤ 60 ppm (soluble) |
≤ 60 ppm (soluble) (For toys and their components only, calculated pursuant to ASTM F963) |
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Benzene | No county-level requirements shall be enforced by the Department at the moment. | ||
Cobalt |
Attestation of Compliance
A person selling or offering for sale children’s products or apparel shall submit annually the Attestation of Compliance (AOC) (see attachment below) to the Department. The duly signed AOC shall mean to attest the products are compliant with both Federal and Albany County Laws. The deadlines for submission are as follows:
Exemptions
The above requirements shall not apply to:
Note
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