The Executive of Suffolk County of New York State has approved Resolution No. 884-2017 to amend the Toxic Free Toys Act (Local Law No. 22-2015). All the chemical requirements shall be adopted as proposed. The resolution shall be filed in the Office of the Secretary of State before it officially becomes effective. We will keep you posted once the resolution is filed.

The followings are the highlight of the amendment:

Chemical requirements

1. Children’s products that are distributed, sold or offered for sale shall not contain the following chemicals that exceed the specified limits:

   Heavy metal	Limit
   Antimony	≤ 60 ppm (accessible)
   Arsenic	≤ 25 ppm (accessible)
   Cadmium	≤ 75 ppm (accessible)
   Lead	≤ 100 ppm (accessible)
   	≤ 90 ppm (paint or surface coating)
   Mercury	≤ 60 ppm (accessible)

2. In future, if the federal laws are amended to include additional hazardous substances beyond those listed above, children’s products shall also comply with the extra requirements.

Enforcement

1. The county’s Department of Health Services shall perform random inspection of at least 10 retailers per quarter. No more than 10 children’s products shall be purchased from each retailer for analysis.
2. The products purchased from retailers shall be screened by an x-ray fluorescence analyser. If any product is found to exceed the chemical limits, it will be further tested by an independent laboratory certified by the federal Consumer Products Safety Commission (CPSC).
   
3. If a product is proved to be non-compliant after testing in a CPSC-certified laboratory, it shall be listed on a dedicated webpage maintained by the Department.

Note:

1. “Children’s product” means any product primarily intended for, made for, or marketed for use by children aged 12 and under. 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.
2. The restrictions shall not apply to:
   1. 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;
   2. Protective sporting equipment, including but not limited to helmets, athletic supporters, knee pads or elbow pads;
   3. Children’s products solely based on their containing an enclosed battery or enclosed electronic components.

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