SAFEGUARDS | Consumer Products NO. 103/16

Girl playing with wooden toys

The Toy Industry Association recently announced that Westchester County in New York State will not be enforcing its local law banning eight substances in children's products. This law will be enforced after a settlement is reached between Albany county and the Safe to Play Coalition.

In May 2015, we informed you that Westchester County became the second county in the state of New York to prohibit the sale of children’s products containing certain toxic substances. [1] The law went into effect on 15 May, 2016.

On 17 May, 2016, the Toy Industry Association (TIA) [2] announced that they received a message from the County Executive’s office confirming that the law will not be enforced until a settlement is reached between Albany County and the Safe to Play Coalition regarding a similar law in Albany County.

In February 2016, Albany County filed Local Law No. 1 for 2016 [3] (The Toxic Free Toys Act) with the New York State Secretary of State. The notable change was amending the prohibition of antimony, arsenic, benzene, cadmium, cobalt, lead and mercury in children’s products falling under Local Law No. 1 for 2015 (also known as ‘The Toxic Free Toys Act’) to a specific limit value for each of these chemicals. This new law will take effect starting 1 July, 2016.

Highlights of the Local law for children’s products in Westchester County are summarized in Table 1. 

Table 1: Westchester County, New York State Chapter 433 [4] 'Prohibiting the Sale of Children’s Products Containing Certain Chemicals'

Substance Scope Requirement Effective Date
  • Antimony
  • Arsenic
  • Benzene
  • Cadmium
  • Cobalt
  • Formaldehyde
  • Lead
  • Mercury
Products for children aged 12 and under Prohibited 15 May 2016


  • Enforcement is suspended until a settlement is reached between Albany County and the Safe to Play Coalition

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
t: +852 2774 7420

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