New York Suffolk County Signs Toxic Free Toys Act into Law

Suffolk County recently became the third county in New York State to restrict the sale of children’s products containing certain toxic chemicals.

Toxic Free Toys Act to Restrict Heavy Metals in Toys

The restriction of the 6 heavy metals will take effect on 1 July, 2016. The law will be enforced by random inspection of retailers starting 1 December 2016.

On 23 June 2015, the County Executive of Suffolk County signed the ‘Toxic Free Toys Act’ into law. This law sets strict limits for the total content of six heavy metals (antimony, arsenic, cadmium, cobalt, lead and mercury) in products intended primarily for children up to the age of twelve.

The law will be enforced by the Suffolk County Department of Health Services:

- The department is authorized to promulgate rules and regulations as necessary for implementation.
- The department will educate retailers selling children’s products of the new law from 1 January 2016.
- The department will enforce the new law through the random inspection of at least 10 retailers per quarter using an X-ray fluorescence analyzer (XRF) starting 1 December 2016. The Department will select up to 10 children’s products at each retailer for on-site screening.

Toxic Free Toys Act – Definition of Children’s Products

According to the definitions in the Toxic Free Toys Act, the following products are not within the meaning of a ‘Children’s product’:

- Batteries
- Consumer electronic components or products
- Drugs, medical devices or biological products (FDA)
- Food or food additives (FDA)
- Paper products

Suffolk County now joins Albany County and Westchester County in regulating certain chemicals in children’s products at the local government level in New York State.  

Highlights of the new law in Suffolk County are summarized in a table within the latest Safeguards bulletin.

Enforcement Action

- Educating retailers selling children’s products begins 1 January 2016.
- Random inspection of at least 10 retailers per quarter using XRF technology begins 1 December 2016.

About SGS Safety Services for Toys and Juvenile Products

Throughout a global network of laboratories, SGS provides a range of services, including analytical testing, consultancy and chemical testing for restricted substances in children’s products for Suffolk County and international markets.

Please do not hesitate to contact an SGS expert 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/juvenileproducts

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.