Toxic Chemicals in Children’s Products No Longer Strictly Prohibited

The local ‘Toxic Toys’ law has been amended in Rockland County, New York, by eliminating the strict prohibition of 7 chemicals in children’s apparel and children’s products. The new law will take effect on February 21, 2016.

Rockland County Legislature Rethinks Ban

The local ‘Toxic Toys’ law has been amended by eliminating the strict prohibition of 7 chemicals in children’s apparel and children’s products. The new law will take effect on February 21, 2016.

In August 2015, [1] Rockland County became the fourth local government in New York State to adopt a local law to regulate the sale of children’s products containing certain chemicals. This Local Law No. 3 of 2015 (The Toxic Free Toys Act) was to be enforced in October 2015.

In October 2015, a stipulation [2] signed between Rockland County and the Safe to Play Coalition (STPC) halted the enforcement of Local Law No. 3 of 2015 until January 1, 2016. The stay of enforcement gave Rockland County time to evaluate the possibility of amending the law.

On December 15, 2015, the Rockland County Legislature approved Local Law No. 7 of 2015 (The Toxic Free Toys Act) [3] to amend Local Law No. 3 of 2015. This amendment was approved by the County Executive and adopted on January 6, 2016.

Changes to Requirements for Children’s Products

This amendment makes important changes to the law, including:

- Eliminating the language prohibiting the use of antimony, arsenic, benzene, cadmium, cobalt, lead and mercury in children’s apparel and children’s products.
- Requiring children’s apparel and children’s products to comply with existing product safety laws, including federal product safety laws and Section 396-k of the New York General Business Law  [4] – Hazardous toys and other articles primarily for use by children; prohibition and enforcement.
- Declaring this local law to be preempted by state or federal laws if the state of New York or the United States has a final rule in effect with respect to a children’s product safety standard that relates to a specific hazard that conflicts with this local law.

Law No. 7 of 2015 was filed with the New York Secretary of State [5] on January 22, 2016 and will take effect on February 21, 2016.

Highlights of a comparison of the 2 local laws are summarized in Table 1 (http://www.sgs.com/en/news/2016/02/safeguards-03816-ny-rockland-county-amends-the-toxic-free-toys-act) in the latest Safeguards bulletin.

References:

[1] Safeguards. New York Rockland Country Prohibits Toxic Chemicals in Children’s Products. August 2015 (http://www.sgs.com/en/news/2015/08/safeguards-15215-new-york-rockland-county-prohibits-toxic-chemicals-in-childrens-products)

[2] Stipulation Signed between Rockland County and the Safe to Play Coalition (STPC). October 2015. (https://www.wewear.org/assets/1/7/Rockland_County_Stipulation_1510.PDF)

[3] Local Law No. 7 of 2015, County of Rockland, State of New York (The Toxic Free Toys Act). December 2015 (http://rocklandgov.com/files/9314/5434/1023/local_law_7_of_2015_with_cert.pdf)

[4] Section 396-k of the New York General Business Law (http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:)

[5] Filing of Law No. 7 with New York Secretary of State. January 2016 (http://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20160122060037/Content/0902134380108d4b.pdf)

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

For further information, please do not hesitate to contact an SGS expert.

Contact details:

SGS Consumer Goods and Retail
Hing Wo Tsang
Global Hardlines 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
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