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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 is holding a virtual public meeting to present and discuss the topics that will be included in the rule. The agenda for the meeting can be found below. Those who wish to attend this virtual public meeting need to register. For those who are not able to attend, the meeting will be recorded and posted here after.

Date: May 26, 2021

Time: 1:00 pm

Location: Webex - register here

Agenda for Virtual Public Meeting on Toxic Chemicals in Children's Products Regulations (6 NYCRR Part 352-2):

Welcome and Opening Remarks

Presentations on Topics to be Addressed in the Regulation:

  • Definitions (including covered products, organohalogen, credible scientific evidence)
  • Chemicals of Concern (COC) and High Priority Chemical (HPC) lists
  • Reporting
    • Required information
    • Thresholds
    • Method and frequency
    • Waiver
    • How fees will be structured
  • Sales prohibition
  • Retailer notice

Wrap Up and Next Steps

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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