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September 2, 2021

NYSDEC Will Hold 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 September 15, 2021, on the toxic chemicals in children’s products law. NYSDEC will present the chemicals under consideration for listing as Chemicals of Concern and High Priority Chemicals and their practical quantification limits. NYSDEC will also re-present select topics from the May 26, 2021, public meeting, as some details have changed in response to feedback received. NYSDEC states that there will be time for stakeholders to discuss the information presented. Those who wish to attend the virtual public meeting must register. NYSDEC will record the meeting and post the recording afterward.
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 NYSDEC to promulgate lists of chemicals of concern 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.
NYSDEC is in the process of developing a rule to implement portions of the law. According to NYSDEC, 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.