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SAFEGUARDS | Consumer Products NO. 038/16

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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 21 February, 2016.

In August 2015, we informed you that 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 [1]. 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 1 January, 2016. The stay of enforcement gave Rockland County time to evaluate the possibility of amending the law.

On 15 December 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 6 January, 2016.

This amendment makes important changes to the law, including:

  • ŸEliminating the language prohibiting the use of antimony, arsenic, benzene, cadmium, cobalt, lead and mercury in children’s apparel and children’s products.
  • ŸRequiring 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 - Hazardous toys [4] and other articles primarily for use by children; prohibition and enforcement.
  • ŸDeclaring 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 22 January, 2016 and will take effect on 21 February, 2016.

Highlights of a comparison of the 2 local laws are summarized in Table 1.

Table 1: New York Rockland County

Local Law No. 3 of 2015 Local Law No. 7 of 2015 amending
Local Law No. 3 of 2015
Title The Toxic Free Toys Act
Scope Products primarily for children up to the age of 12

The following substances are prohibited:

  • Antimony, arsenic
  • Benzene
  • Cadmium, cobalt
  • Lead and mercury

Products are required to be compliant with:

  • Section 396-k of the New York General Business Law
  • Federal Hazardous Substances Act (FHSA)
  • Consumer Product Safety Act (CPSA)
  • Applicable New York State or Federal regulations
Effective date Amended by Local Law No. 7 of 2015 21 February, 2016

For enquiries, please contact:

Hing Wo Tsang
Global Hardlines
t: +852 2774 7420

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for restricted and hazardous substances in children’s products for the US and international markets. Please do not hesitate to contact us for further information.

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