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May 12, 2021

New York Will Hold Public Meeting on Toxic Chemicals in Children’s Products Law

Lynn L. Bergeson Carla N. Hutton

The New York State Department of Environmental Conservation (NYSDEC) will hold a virtual public meeting on May 26, 2021, at 1:00 p.m. (EDT). NYSDEC will present topics for discussion related to implementation of the recently enacted law, which created ingredient disclosure requirements for children’s products.  Title 9 of Article 37 of the Environmental Conservation Law (ECL) establishes an ingredient disclosure program and prohibits certain chemicals in children’s products. ECL Article 37 instructs NYSDEC to promulgate lists of chemicals of concern and high-priority chemicals 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. NYSDEC states that it is in the process of developing a rule to implement portions of the law. NYSDEC expects the rule 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. NYSDEC notes that it will hold a formal public comment period on the proposed rule at a later date. Stakeholders must register to attend the virtual public meeting.