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Toxic Chemicals in Children's Products

Environmental Conservation Law (ECL) Article 37 Title 9 establishes an ingredient disclosure program, and prohibits certain chemicals in children's products. ECL Article 37 instructs DEC to promulgate lists of chemicals of concern and high priority chemicals, which must be disclosed if present in children's products, by March 1, 2022. It also prohibits the sale of children's products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate effective January 1, 2023.

DEC is in the process of developing a rule to implement portions of the law. The rule is expected to address the specific product categories that are covered, what chemicals and supporting information must be disclosed, details on how to obtain a waiver from reporting or the sales prohibition, and the fees associated with reporting and applying for a waiver.

Outreach Information

DEC held a virtual public meeting on May 26, 2021 to present and discuss the topics that will be included in the rule. During this meeting, DEC presented topics including the reporting process, sales prohibition, notice to retailers and the development of the chemicals of concern and high priority chemicals lists. A recording (link leaves DEC website) of the meeting is available for review.

DEC held an additional virtual public meeting on September 15, 2021 to present and discuss the chemicals under consideration for listing as Chemicals of Concern and High Priority Chemicals and their practical quantification limits. DEC also re-presented select topics from the previous public meeting as some details presented during the May 26, 2021 meeting changed in response to feedback received. A recording (link leaves DEC website) of the meeting is available for review.

DEC is now holding a 30-day public comment period to allow stakeholders to provide more detailed, written comments on the chemicals under consideration and their practical quantification limits (PDF, 6.73 MB). Written public comments may be submitted via email to TCCPprogram@dec.ny.gov or via mail to the address below until October 15, 2021 at 5 pm EST.

Emily Dominiak

NYS DEC - Division of Materials Management

625 Broadway

Albany, NY 12233-7252

Questions or comments about the information presented or posted for comment can be sent to TCCPprogram@dec.ny.gov.

DEC will hold a formal public comment period on the proposed rule at a later date, which will be published in the Environmental Notice Bulletin.


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