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December 12, 2022

NYS DEC Will Hold Virtual Public Meeting on January 10 on Chemicals under Consideration for Listing as Toxic Chemicals in Children’s Products Program

Lynn L. Bergeson Carla N. Hutton

The New York State Department of Environmental Conservation (NYS DEC) will hold a virtual public meeting on January 10, 2023, on the chemicals under consideration for listing as Chemicals of Concern (COC) and High Priority Chemicals (HPC) for the Toxic Chemicals in Children’s Products (TCCP) program. NYS DEC will present an overview of the enacted TCCP law and discuss the chemicals under consideration for listing as COCs and HPCs that manufacturers will be required to report if present in children’s products. NYS DEC asks that stakeholders note that it “is soliciting feedback on these chemicals under consideration and will post them on our website in advance of the meeting. Additionally, please note that this will be a pre-rulemaking meeting and DEC anticipates releasing a proposed rule with additional public comment opportunities after feedback at this meeting is obtained.” Registration for the January 10, 2023, meeting is required.
As reported in our September 16, 2021, blog item, NYS DEC held a virtual public meeting on September 15, 2021, on its forthcoming regulations to implement the TCCP law. New York’s 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 NYS DEC to promulgate lists of COCs and high priority chemicals that must be disclosed if present in children’s products by March 1, 2022. ECL Article 37 also prohibits the sale of children’s products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate effective January 1, 2023. NYS DEC has posted a list of chemicals under consideration and their practical quantification limits.