New York State Toxic Chemicals in Children’s Products Law

Oct. 13 2021

New York State Environmental Conservation Law (ECL) Article 37, Title 9 establishes an ingredient disclosure program, and prohibits certain chemicals in children’s products. The law requires DEC to promulgate lists of chemicals of concern and high priority chemicals, which must be disclosed if present in children’s products by March 1, 2022. It also prohibits benzene, asbestos and tris (1,3-dichloro-2-proply) phosphate in children’s products as of January 1, 2023.

The DEC is developing a rule to implement the law and it is expected to address the specific product categories covered, the chemicals covered and the supporting information that must be disclosed to the state, as well as details of how to obtain a waiver from reporting or the sales prohibition, and the reporting and waiver fees.

Virtual public meetings were held on May 26 and September 15 to discuss the rule, including the chemical lists and the practical quantification limits. Recording links of both meetings are provided in the NYS website link below.

DEC is accepting comments until October 15, 2021 at 5 pm EST.

Link to recordings and where to send comments: https://www.dec.ny.gov/chemical/122890.html

Link to the law: https://www.nysenate.gov/legislation/laws/ENV/A37T9

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