US - New York Plans to Develop Lists of Toxic Chemicals for 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 Department of Environmental Conservation (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​.

DEC invites stakeholders to attend a virtual public meeting on the chemicals under consideration for listing as Chemicals of Concern (COCs) and High Priority Chemicals (HPCs) for the Toxic Chemicals in Children's Products (TCCP) program. This virtual public meeting will take place on Tuesday, January 10, 2023 at 10:00 am, Eastern Standard Time (New York). 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 need to report if present in children's products. 

DEC 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.

ECL also prohibits the sale of children's products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate effective January 1, 2023.​

Sales prohibitions under Article 37, Section 0909 of the Environmental Conservation Law ("the Toxic Chemicals in Children's Products (TCCP) program)" will go into effect in 2023. Beginning on January 1, 2023, no person shall distribute, sell or offer for sale in New York a children's product in which the following chemicals are intentionally added:

• tris (1,3 dichloro-2-propyl) phosphate (CAS 13674-87-8),
• benzene (CAS 71-43-2), or
• asbestos (CAS 1332-21-4)

Exemptions:

(a) to a children's product solely based on its containing an enclosed battery or enclosed electronic components

(b) where state regulation of children's products is preempted by federal law; 

(c) where the chemical is present as a trace contaminant; or 

(d) to an inaccessible component of a children's product that during reasonable, foreseeable use and abuse of the product would not come into direct contact with a child's skin or mouth, as determined by the department.​​​