On February 7, 2020, the Governor of New York State of United States signed Act S501B/A6296, which sets out rules for the declaration of listed chemicals in children's products and prohibits the sale of children's products containing certain chemicals. The Act came into force on March 1, 2020. It mainly includes the following:

Scope of control

Products primarily used, manufactured or sold by children aged 12 and under, such as: clothing, baby products, bedding, car seats, childcare products, furniture, jewelry, novelty products, personal care products, school supplies and toys.

Listed chemical substances and declaration rules

The New York State Department of Environmental Protection will publish a specific list of "hazardous chemicals" and "chemicals of concern" on its website by August 28, 2020. Within 12 months after the chemical substance is included in the list, the use of such chemical substances shall be declared to the Ministry of Environmental Protection according to the actual quantitative limit. The declaration of listed chemical substances in children's products should contain at least the following information:

1. Children's Product ID Information

2. Hazardous chemicals and chemicals of concern contained in children's products

3. The intended use of the chemical substance

If certain specific circumstances are met, the manufacturer may make a declaration without or partially.

Sales ban

From 1 January 2023, no one will be allowed to sell children's products containing the following chemicals:

1. Tris(1,3-dichloro-2-propyl) phosphate

2. benzene

3. Formaldehyde (except textiles)

4. asbestos

5. Organohalogen flame retardants

Children's products that contain dangerous chemicals that have been on the list for 3 years will be banned. The exemptions to the above sales ban are as follows:

Children's products that are based solely on their enclosed batteries or electronic components; and where a children's product regulated by state law has been regulated by federal statute.

Implementation & Enforcement

• Failure to make timely declarations prohibits anyone from selling the children's product containing a hazardous chemical in New York State.

  
  

• Select the Declaration of Conformity, which can also be provided if the declaration is not filed in time, and the declaration requires:

Provide a test report to prove that the children's product does not contain hazardous chemicals; or certify that the manufacturer has notified the person selling the product in this state that the sale of the children's product is prohibited.

• The list will be reviewed and revised regularly, so manufacturers need to keep an eye on the list, strengthen supervision and regularly monitor the amount of hazardous chemicals in their products according to changes in the list to ensure product compliance.

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