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On February 10th, the State of New York has introduced A9765 that relates to regulation of toxic chemicals in children’s products. This bill is in relation to the newly enacted regulation, Child Safe Products Act (S 501B) on February 7th.

A9765 provides the amendments to the Child Safe Products Act:

  • a narrowed list of substances that will be subject to bans from 2023. Prohibitions now only extend to products containing intentionally added tris (1, 3 dichloro-2-propyl) phosphate, benzene and asbestos, with exceptions when present as trace contaminants or in inaccessible components;
  • the removal of an automatic ban on the sale or distribution of products containing substances listed as ‘high-priority chemicals. Instead, there is a provision authorizing the state to adopt regulations to implement such bans, relying on “credible scientific evidence” and considering relevant exposures from anticipated product use;
  • the creation of a ‘children’s product safety council’ to make recommendations on substances that should be considered for prohibitions; and
  • expanded exemptions for what constitutes a covered children’s product.

The Department of Environmental Conservation (DEC) will have two years to establish a chemicals of concern list. Manufacturers will need to comply with the disclosure requirements within 12 months of a substance’s addition to the list.

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