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USA: New York passes the child safe products act

FEBRUARY 2020 – RELEVANT FOR: TOYS AND CHILDRENS PRODUCTS

The New York Governor signed the Child Safe Products Act¹ into law on 7 February 2020, which amends the Environmental Conservation Law by introducing the new title – “Toxic Chemicals in Children’s Products”. This new Act, which goes into effect on 1 March 2020, applies to products for children up to twelve years old such as baby products, toys, school supplies, children’s jewellery, furniture and apparel. Second-hand children’s products are not within the scope of this Act.

The bill allows the Department of Environmental Conservation to publish the list of “dangerous chemicals” and “chemicals of concern” on its website. At present, nine “dangerous chemicals” and more than one hundred “chemicals of concern” have been identified in the Act. The lists will be reviewed periodically; chemicals may be added or removed from the lists through regulation.

Within 12 months after a “dangerous chemical” or “chemical of concern” appears on the lists, manufacturers are required to report the use of such chemical(s) in a children’s product to the Department. They are obliged to identify the concerned product, disclose the chemical contained together with its intended purpose. Considering certain factors such as the public availability of equivalent information, a waiver of reporting may be granted upon application.

After receiving the report of chemical use from the manufacturer, the Department would publish a notification on its website to notify the consumers about children’s product containing “dangerous chemicals” and “chemicals of concern”.

Manufacturers of children’s product that contains “dangerous chemical(s)” are also required to notify the persons that offer the children’s product for sale or distribution of the presence of such chemical(s) with toxicity information.

Payment is required for the submission of a report of chemical use or a waiver request.

[1] Assembly Bill S00501