Relevant for: Softlines, Toys & children's products
Suffolk County in the State of New York recently published the resolution1 to amend Local Law No. 22 for 20152 which is also known as “The Toxic Free Toys Act”. The Law establishes restrictions on antimony, arsenic, cadmium, lead and mercury in children’s products or apparel that are intended for use by children aged 12 and under.
Effective from 1 November 2017, no retailer who knowingly distributes, sells or offers for sale in the County any children’s products with chemical content beyond the regulated limits. This follows the similar legislative approach already enacted in Albany3 this year.
The Law was passed in 2015 and originally enforced in November 2016, but the legislatures faced difficulties in implementation of the standards. To ensure accurate and effective testing, Suffolk published the amendments and corrected the problems.
Highlights of the Law are summarised in the following:
- Regulated children's products and apparel that are not covered by the state or federal legislations should comply with the toxic content restrictions established in the Law.
|Regulated Compounds||Maximum levels ||Remarks |
- This law is preempted by state-wide or federal regulations.
- Chemical content should be tested in accordance with CPSC applicable test methods.
- Only accessible materials should be tested.
|Lead (Surface Coating)||90 ppm|
|Lead (Substrate)||100 ppm|
- The Law does not apply to:
1) Used children’s products or apparel
2) Protective sporting equipment (e.g. helmets, athletic supporters, knee or elbow pads)
3) Batteries, consumer electronics or electronic components, paper products, medical device, food and drug
- The Department of Health Services will perform random inspection by using XRF screening of at least 10 retailers per quarter, and will select no more than 10 children’s products for each retailer inspected. The Department will send the products to the CPSC accepted testing laboratory for independent testing for suspected results.
- The Department will inform the retailer that the tested products exceed the toxic content levels as determined by the laboratory. The retailer can submit a written request to contest the determination within 10 business days. Simultaneously, the Department should provide the final determination to the retailer within 20 days of receipt of the request.
- A list of tested children’s products will be maintained and updated on a webpage by the Department. Retailers should consider the notice of violation of the Law when it's posted on the webpage.
- The retailer who violates the Law is subject to an initial civil penalty of $500 per violation, and $1000 per subsequent violation. Each violation constitutes a separate and distinct offense. In addition, the Department will authorise and empower the commissioner to remove stocks of toxic products from being offered for sale by the retailer.