New York Albany County Adopts Proposal to Amend the Toxic Free Toys Act
SAFEGUARDS | Consumer Products NO. 021/16
The Albany County Legislature in the state of New York has recently adopted a proposal to amend the Toxic Free Toys Act. If enacted, the new law will be effective on 1 July, 2016.
In January 2015, we informed you that Albany County became the first local government in New York State to sign the 'Toxic Free Toys Act' '[1]' (also called local law 'J' of 2014) into law. This law prohibits six heavy metals (antimony, arsenic, cadmium, cobalt, lead and mercury) and benzene in children’s products and children’s apparel.
In response to a lawsuit by the Safe to Play Coalition in the second quarter of 2015, Albany County has agreed to develop implementing regulations for this local law and to stay enforcement [2] of the law until six months after the pending lawsuit has been concluded. According to a news article [3] from the Times Union, the regulations must be completed by 1 February, 2016.
On 28 December 2015, the Albany County Legislature adopted Local Law No. 'P' for 2015 'Toxic Free Toys Act' [4] to amend the existing 'Toxic Free Toys Act' [Local Law 1 for 2015 (Local law 'J' for 2014)]. This adopted proposal also targets the same 7 chemicals in children's products but with notable changes to the concentration limit of each chemical; from 'prohibited' to a 'certain total content value'.
According to the adopted proposal, any Federal Standards that are applicable to particular children’s products will be used for enforcement of chemical content of those products instead of the standards in the adopted proposal; unless Albany County or New York State obtains a ruling from the Consumer Product Safety Commission (CPSC) that the standards established by the State or County are exempt pursuant to the Consumer Product Safety Act (CPSA), Title 15, Chapter 47, Section 2075. [5]
If enacted, the new law will take effect on 1 July, 2016.
Highlights of the adopted proposal are summarized in Table 1
Table 1
|
Albany County, New York State, US 'Toxic Free Toys Act' |
||
|
|
Local Law 1 for 2015 (Local Law No. 'J' for 2014) |
Local Law 'P' for 2015 to amend Local Law 1 for 2015 |
|
Scope |
Products and apparel for children up to the age of 12 |
|
|
Antimony |
Prohibited |
≤ 60 ppm |
|
Arsenic |
Prohibited |
≤ 25 ppm |
|
Benzene |
Prohibited |
≤ 100 ppm |
|
Cadmium |
Prohibited |
≤ 75 ppm |
|
Cobalt |
Prohibited |
≤ 40 ppm |
|
Lead |
Prohibited |
≤ 90 ppm (paints or similar surface coatings) ≤ 100 ppm (accessible substrates) |
|
Mercury |
Prohibited |
≤ 60 ppm |
|
Exemption |
|
|
|
Effective date |
12 January, 2016 |
1 July, 2016 |
|
Remark |
Stay of enforcement until at least 1 July, 2016, pending outcome of lawsuit |
Proposal adopted 8 December 2015 |
Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for restricted substances in children’s products for the US and international markets. Please do not hesitate to contact us for further information.
For enquiries, please contact:
Hing Wo Tsang
Global Hardlines
t: +852 2774 7420
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