Sale of Children’s Products Containing Toxins Banned by New York Westchester County Law

Westchester County has recently become the second county in New York State to prohibit the sale of children’s products containing certain chemicals classified as toxic. The new law will be enforced 1 year after becoming law.

Law for Children’s Product Safety Targets Eight Toxins

On 14 May 2015, the Westchester County Executive (http://www.nylcv.org/newsroom/releases/10545) signed the ‘Children’s Product Safety Act’ (http://westchestercountyny.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=7750&highlightTerms=local%20law) into law to prohibit the sale of children’s products containing 6 heavy metals (antimony, arsenic, cadmium, cobalt, lead and mercury) and 2 organic chemicals (benzene and formaldehyde). The provision for selling children’s products containing toxic chemicals will be enforced 1 year after becoming law by the county’s Department of Consumer Protection (Chapter 182). The Department will also initiate an educational program to educate consumers and retailers on the new law.

Children’s Products Defined

According to the new law, ‘children’ is defined as a person or persons aged 12 years and under. The following products do not fall under the category ‘children’s product’:

-    Batteries
-    Consumer electronic products
-    Drugs, medical devices or biological products (FDA)
-    Food or beverages or their additives (FDA)
-    Pesticides (EPA)
-    Tobacco or paper or forest products

Law Aims to Improve Toy Safety

In January 2015, the Albany County Executive signed Local Law J (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-01415-new-york-albany-county-prohibits-chemicals-childrens-products-a4-en-15.pdf), ‘The Toxic Free Toys Act’, into law to prohibit the sale of children’s products containing 6 heavy metals (antimony, arsenic, cadmium, cobalt, lead and mercury) and benzene.  

In May 2015, the Albany County Local Law J was granted a motion to stay (http://www.productsafetyletter.com/Free/2910.aspx) after a complaint was filed a month earlier in the Federal District Court. The law will not be enforced until at least 6 months after any decision or order.

The ‘Children’s Product Safety Act’ will amend the Laws of Westchester County by adding a new Chapter 433 prohibiting the sale of children’s products containing certain chemicals. Highlights of the new law are summarized in a table within the latest SGS SafeGuards bulletin (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-08615-new-york-westchester-toxic-chemicals-childrens-products-a4-en-15.pdf).

About SGS Consumer Products Safety

Throughout a global network of laboratories, SGS is able to provide a range of services, including chemical testing (http://www.sgs.com/en/Consumer-Goods-Retail/Toys-and-Juvenile-Products/Toys/Testing/Chemical-Testing.aspx) and consultancy, for restricted substances in children’s products for New York and international markets.

Please do not hesitate to contact an SGS representative for further information.

Contact details:

SGS Consumer Testing Services

HingWo Tsang
Global Toys and Juvenile Products Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: [email protected]    
Website: http://www.sgs.com/cgnr

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.