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On April 3, 2020, the governor of New York State signed A9505B into law. This act, in part, amends Title 9 to Article 37 of the Environmental Conservation Law in relation to toxic chemicals in children’s products.

This amendment (Subpart AA of Part XX to A9505B) establishes important revisions to the original law such as:

  • Children’s products are defined as consumer products primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, school supplies, personal care products as defined in section 37–0117 of this article, a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, and children’s novelty products, children’s jewelry as defined in section 37–0115 of this article, children’s bedding, furniture, furnishings, and apparel.
  • Chemicals of concern
    • Within two years of the effective date of this title, the department, in consultation with the department of health, shall promulgate a list of chemicals of concern. A concern if it has been identified by a government entity and/or identified on the basis of credible scientific evidence as being:
      • a carcinogen, reproductive or developmental toxicant, neurotoxicant, asthmagen, or endocrine disruptor
      • persistent, bioaccumulative and toxic
      • very persistent and very bioaccumulative
    • The department shall review lists codified or promulgated in other states as chemicals of concern to determine if such chemicals meet the criteria of paragraph (a) of this subdivision.
  • The following chemicals are designated high priority chemicals:
    • Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674–87‑8)
    • Benzene (CAS 71–43‑2)
    • Mercury and mercury compounds, including methyl mercury (CAS 7439–97‑6)
    • Asbestos (CAS 1332–21‑4)
    • Arsenic and arsenic compounds (CAS 7440–38‑2) including arsenic trioxide (CASRN 1327–53‑3) and dimethyl arsenic (CASRN 75–60‑5)
    • Cadmium (CAS 7440–43‑9) (other than toy coatings)
    • Organohalogen flame retardants in upholstered bedding or furniture
  • Reporting on the use of chemicals
    • No later than twelve months after a chemical of concern or high-priority chemical appears on the lists promulgated pursuant to section 37–0905 of this title, every manufacturer who offers a children’s product for sale or distribution in this state that contains a chemical of concern or a high-priority chemical shall report such chemical use at or above practical quantification limits to the department, provided however, that the department may, through regulation, establish an alternative threshold for the reporting of trace contaminants.
  • Effective January 1, 2023, no person shall distribute, sell or offer for sale in this state a children’s product in which tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674–87‑8), benzene (CAS 71–43‑2), or asbestos (CAS 1332–21‑4) is intentionally added.
  • To the extent allowed by federal law, the department may, by regulation, prohibit the distribution, sale, or offer for sale in this state of a children’s product that contains a chemical added to the high-priority chemicals list pursuant to section 37–0905 of the title, or a chemical recommended for prohibition by the children’s product safety council pursuant to paragraph (b) of subdivision five of section 37–0911 of the title.

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