On February 7, 2020, the governor of New York State signed act S501B/A6296, which provides information on chemicals listed in children’s products and prohibits the sale of children’s products containing certain chemicals. The bill takes effect on March 1, 2020.
1. Scope of control
Products used, manufactured or marketed primarily for children 12 years of age and younger, such as clothing, baby products, bedding, car seats, childcare products, furniture, furniture, jewelry, novelty products, personal care products, school supplies and toys, but not including:
- With Batteries;
- Consumer electronic products, including but not limited to personal computers, audio and video devices, calculators, wireless phones, game consoles, hand-held devices with video screens for accessing interactive software and related peripherals; or
- A food, beverage, food or beverage additive regulated by the United States food and drug administration (USFDA).”Children’s products” does not include drugs, biologics or medical devices regulated by the U.S. food and drug administration
2. List of chemical substances
New York state department for environmental protection will publish a detailed list of “hazardous chemicals” and “chemicals of concern” on its website by August 28, 2020. The use of chemical substances shall be reported to the environmental protection ministry within 12 months of their inclusion in the list, subject to actual quantification.
3. Notify requirements
Declaration of chemical substances listed in children’s products should include at least the following information:
a) Identity of children’s product
b) Dangerous Chemical or Chemical of Concern contained in the children’s product
c) Intended purpose of the chemicals If certain conditions are met, the manufacturer may declare without or in part.
4. Sales ban
From January 1, 2023, no one shall sell children’s products containing the following chemicals:
a) Tris (1,3-dichloro-2-propyl) phosphate
c) Formaldehyde (other than in textiles)
e) Organ halogen flame retardants Children’s products containing dangerous chemicals (which have been on the list for three years) will be banned from sale.
Exemption from the above sales prohibition is as follows:
a) To a children’s product solely based on its containing an enclosed battery or enclosed electronic components; and
b) Where state regulation of children’s products is pre-empted by federal law. The commissioner may exempt a children’s product from this prohibition if, in the commissioner’s judgment, the lack of availability of the children’s product could pose an unreasonable risk to public health, safety or welfare.
5. Implementation and execution
(1) Failure to declare in time. No one in the state of New York may sell children’s products containing dangerous chemicals.
(2) Select the declaration of compliance. Failure to declare in time may also provide a declaration of compliance.
a) Provide testing reports to prove that children’s products do not contain dangerous chemicals; or
b) Certify that the manufacturer has in this state notified the person selling the product that the sale of the child’s product is prohibited. (3) The list will be periodically reviewed for revision. Therefore, manufacturers should continue to pay attention to the list, strengthen supervision and regularly test the amount of hazardous chemicals in the products according to the list changes to ensure the compliance of the products.