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On February 7, 2020 the New York Governor Andrew Cuomo signed the Child Safe Products Act. A list of 103 chemicals are defined as “chemicals of concern” and nine chemicals are defined as “dangerous chemicals including: TDCPP, benzene, lead, mercury, formaldehyde, asbestos, arsenic, cadmium, and organohalogen flame retardants.

No later than 12 months after a substance is added to the Dangerous Chemical list, every manufacturer who offers a children’s product that contains a dangerous chemical or chemical of concern shall report such chemical use at Practical Quantification Limits to the Department of Environmental Conservation (beginning February 7, 2021).

A manufacturer may apply for a waiver of the reporting requirements. The Department will notify consumers about children’s products containing chemicals of concern and dangerous chemicals on the department’s website. There is a sales prohibition on children’s products containing dangerous chemicals beginning January 1, 2023. Effective three years after being added to the dangerous chemicals list, there will also be a sales prohibition on children’s products containing any of the added chemicals on the dangerous chemicals list. Enclosed batteries and electronic components are exempt.

A second bill (NY SB 5349) was also signed by the Governor which adds an exemption from the sales prohibition for chemicals present as trace contaminants.

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