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 to present and discuss the topics that will be included in the rule. During the 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 (leaves DEC website) of the meeting is available for review.
Questions or comments about the information presented 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.
