Relevant for: Softlines, Toys & children's products
Albany County in the State of New York recently published the amended Local Law No. 1 for 20151,2, also known as “The Toxic Free Toys Act”, which will be enforced by the Department of Health (DOH) starting from 1 November 2017.
Anyone in Albany County3 who sells children’s product or apparel that intended for use by children aged 12 years old and under are affected by this Law.
Albany was the first County in the New York State introduced this Law in 2014, followed by similar legislative actions grew in Rockland, Suffolk and Westchester. However, the “Safe to Play Coalition” filed a lawsuit against the passage of the law, and complained this would make it illegal to sell most children’s toys in the Albany county.
Highlights of the Law are summarised in the following:
- Heavy metals restriction in the products is preempted by federal regulations such as CPSA and FHSA, and should apply in the same manner and with the same force.
- For children's products and apparel are not covered by the federal legislations, there is a separate set of certain heavy metals requirements.
|Regulated compounds||Maximum levels||Remarks|
|Antimony||60 ppm (soluble)|
- The surface coating materials should be tested in accordance with CPSC applicable test methods
- Polyester is exempted from antimony requirement
- Limit of total lead content in substrate materials follows the same as CPSIA (i.e. per component)
- For substrate materials, the migration test is calculated in accordance to ASTM F963.
- Only accessible materials should be tested.
|Arsenic||25 ppm (soluble)|
|Cadmium||75 ppm (soluble) |
|Lead (Surface Coating)||90 ppm (soluble)|
|Lead (Accessible Substrate)||100 ppm (total)|
|Mercury||60 ppm (soluble)|
- DOH will keep working with State and Federal agencies to address concerns related to Benzene and cobalt in toys, and actively monitor ongoing research and development in this area.
- A person selling or offering for sale children’s products or apparel within Albany County is required to submit the “attestation of compliance”4 and certify annually to attest that the products offered for sale meet the requirements of both federal and Albany County Law. The form must be submitted to the department by no later than 1 December 2017 or within 30 days following the first date of operation after the enforcement date.
- The regulation does not apply to:
1) Used children’s products or apparel
2) Children’s products or apparel sold exclusively on the internet.
3) Protective sporting equipment
4) Batteries, consumer electronics or electronic components, paper products, or a drug, biologic, medical device, food or additives regulated by US Food and Drug Administration.
- DOH will conduct unannounced random inspection quarterly and test for heavy metals either by using an x-ray fluorescence analyzer, or by engaging the services of a United States Consumer Product Safety Commission accredited laboratory, or both.