CONSUMER PRODUCTS

NO. 152/15

Rockland county is the fourth county in New York state to regulate the sale of children's products containing certain hazardous chemicals. The law will be enforced starting 11 October 2015.

On 16 June 2015, the New York Rockland County Legislature passed 'The Toxic Free Toys Act' [1] to prohibit the use of seven hazardous chemicals in children's products. This local law was unsigned but not disapproved by the County Executive [2] and automatically became law without the County Executive's signature.

According to the new law, a children's product is defined as a product primarily intended for, made for, or marketed for use by children aged twelve and under. The following products are not within the meaning of a 'children's product:

  • Batteries
  • Consumer electronics or components
  • Drugs, medical devices or biological products regulated by the United States Food and Drug Administration (US FDA)
  • Food or food additives regulated by the US FDA
  • Paper products

This local law was filed with the New York State Secretary of State on 14 July, 2015. [3] It will be effective as of 11 October 2015; ninety days after filing with the New York State Secretary of State.

Highlights of the new law are summarized in Table 1.

table 1

New York Rockland County

Toxic Free Toys Act, Local Law No. 3 of 2015

Substance

Scope

Requirement

Effective Date

Antimony, arsenic, benzene, cadmium, cobalt, lead and mercury

Products for children up to the age of 12

Prohibited

11 October 2015

Rockland County now joins Albany County [4], Suffolk County [5] and Westchester County [6] in regulating certain chemicals in children's products at the local government level in New York State. In May 2015, Albany County's local law J, 'The Toxic Free Toys Act', was granted a motion of stay and will not be enforced until at least 6 months after any decision or order.

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 Toys and Juvenile Products
t: +852 2774 7420

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