What's happening
This bill regulates and restricts the use of toxic chemicals in children's products, requiring reporting, consumer notification, and sales prohibitions in New York State.
Why it matters
Increases transparency and public awareness. By requiring manufacturers to report the presence and purpose of dangerous chemicals and chemicals of concern in children’s products—and mandating that this information be made available to the public—parents and caregivers can make more informed decisions, and there is greater accountability for manufacturers.
Allows for responsive and science-based regulation. The bill enables the Department of Environmental Conservation, in consultation with the Department of Health, to update the lists of dangerous chemicals and chemicals of concern over time, based on scientific evidence and bans in other jurisdictions. This flexibility helps the law keep pace with emerging health risks and advances in chemical safety research.
Targets highest-risk chemicals for prohibition. The law singles out especially hazardous chemicals—such as asbestos, lead, mercury, formaldehyde, arsenic, cadmium, benzene, certain flame retardants, and others—for bans in children’s products, reflecting scientific consensus on their severe health impacts (e.g., carcinogenicity, neurotoxicity, developmental harm).
Balances regulation with practical considerations. The legislation provides exemptions for small manufacturers, secondhand goods, certain electronics, and circumstances where lack of product availability could pose greater risks. This aims to minimize undue burden on small businesses and prevent unintended negative consequences, while still protecting children’s health.
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Ban Toxic Chemicals in Toys
Plain English, a few words. Used as the page title.
Sponsors
History
- Approval memo.100
- Signed chap.756
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.207
- Substituted for A6296A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 53–9
- Advanced to third reading
- 2nd report cal.
Show 5 earlier actions
- Amended 501b
- 1st report cal.457
- Print number 501a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Toxic Chemicals in Toys
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
501--B Cal. No. 457
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KAMINSKY, ADDABBO, BOYLE, GAUGHRAN, KRUEGER, METZ- GER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report
AN ACT to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows:
TITLE IX
TOXIC CHEMICALS IN CHILDREN'S PRODUCTS Section 37-0901. Definitions.
37-0903. Consumer notice.
37-0905. Reporting on the use of chemicals.
37-0907. Sales prohibition.
37-0909. Applicability.
37-0911. Enforcement and implementation.
37-0913. Regulations. § 37-0901. Definitions.
As used in this title, unless the context otherwise indicates, the following terms have the following meanings.
1. "Children's apparel" means any item of clothing that consists of fabric or related material intended or promoted for use in children's clothing. Children's apparel does not mean protective equipment designed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05551-08-9
S. 501--B 2
to prevent injury, including, but not limited to, bicycle helmets, athletic supporters, knee pads or elbow pads.
2. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism.
3. "Chemicals of concern" means:
(a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
(a-1) 1,2-Dibromoethane (CAS 106-93-4)
(a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140- 66-9)
(a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS 27193-28-8)
(a-4) 1,3-Butadiene (CAS 106-99-0)
(b) 1,4-Dioxane (CAS 123-91-1)
(c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 1163-19-5)
(d) 2,4-Diaminotoluene (CAS 95-80-7)
(d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
(e) 2-Aminotoluene (CAS 95-53-4)
(f) 2-Ethylhexanoic acid (CAS 149-57-5)
(f-1) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658-27-7)
(g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
(g-1) 2-Napthylamine (CAS 91-59-8)
(h) 2-Methoxyethanol (CAS 109-86-4)
(i) 3,3'-Dimethylbenzidine and dyes metabolized to 3,3'-Dimethylbenzidine (CAS 119-93-7)
(i-1) 4-Hydroxybiphenol (CAS 92-69-3)
(j) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
(j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
(k) 4-Tert-octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (CAS 140-66-9)
(l) Acetaldehyde (CAS 75-07-0)
(m) Acrylonitrile (CAS 107-13-1)
(n) Aniline (CAS 62-53-3)
(o) Antimony & antimony compounds (CAS 7440-36-0)
(p) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic trioxide & dimethyl arsenic (CAS 75-60-5)
(q) Asbestos (CAS 1332-21-4)
(r) Benzene (CAS 71-43-2)
(s) Benzene, pentachloro (CAS 608-93-5)
(s-1) Benzidine and its salts (CAS 92-87-5)
(t) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS 131-55-5)
(t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
(t-2) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl) bis(phosphate)(V6)(CAS 38051-10-4)
(u) Bisphenol A (CAS 80-05-7)
(u-1) Bisphenol F (CAS 620-92-8)
(u-2) Bisphenol S (CAS 80-09-1)
(v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
(w) Butyl paraben (CAS 94-28-6)
(x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
(y) C.I. solvent yellow 14 (CAS 842-07-9)
S. 501--B 3
(z) Cadmium & cadmium compounds (CAS 7440-43-9)
(aa) Carbon disulfide (CAS 75-15-0)
(aa-1) Chlorinated paraffins (CAS 108171-26-2)
(bb) Cobalt & cobalt compounds (CAS 7440-48-4)
(bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
(bb-2) Decabromodiphenyl ether (CAS 163-19-5)
(cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
(cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
(dd) Dibutyl phthalate (CAS 84-74-2)
(dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
(ee) Diethyl phthalate (CAS 84-66-2)
(ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
(ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
(gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
(hh) Di-n-hexyl phthalate (CAS 84-75-3)
(ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
(ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)
(ii-2) Epichlorohydrin (CAS 106-98-9)
(jj) Estragole (CAS 140-67-0)
(kk) Ethyl paraben (CAS 120-47-8)
(ll) Ethylbenzene (CAS 100-41-4)
(mm) Ethylene glycol (CAS 107-21-1)
(nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
(nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
(oo) Formaldehyde (CAS 50-0-0)
(pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
(qq) Hexachlorobenzene (CAS 118-74-1)
(rr) Hexachlorobutadiene (CAS 87-68-3)
(rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
(ss) Lead & lead compounds (CAS 7439-92-1)
(tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl mercury (CAS 22967-92-6)
(uu) Methyl ethyl ketone (CAS 78-93-3)
(vv) Methyl paraben (CAS 99-76-3)
(ww) Methylene chloride (CAS 75-09-2)
(ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
(xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
(xx-1) Mono-n-butylphthalate (CAS 131-70-4)
(yy) N-methylpyrrolidone (CAS 872-50-4)
(yy-1) Nickel and nickel compounds (CAS N/A)
(zz) N-nitrosodimethylamine (CAS 62-75-9)
(aaa) N-nitrosodiphenylamine (CAS 86-30-6)
(bbb) Nonylphenol (CAS 25154-52-3)
(ccc) Para-chloroaniline (CAS 106-47-3)
(ddd) Perchloroethylene (CAS 127-18-4)
(ddd-1) Perflurooctanoic acid (PFOA & related substances) (CAS 335-67-1)
(eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763- 23-1)
(fff) Phenol (CAS 108-95-2)
(ggg) Phenol, 4-octyl- (CAS 1806-26-4)
(hhh) P-hydroxybenzoic acid (CAS 99-96-7)
(iii) Propyl paraben (CAS 94-13-3)
(iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)
(jjj) Silica, crystalline (in the form of quartz or cristabolite dust) (CAS 14808-60-7)
S. 501--B 4
(kkk) Styrene (CAS 100-42-5)
(lll) Tetrabromobisphenol A (CAS 79-94-7)
(lll-1) Tetrachloroethene (CAS 127-18-4)
(mmm) Toluene (CAS 108-88-3)
(mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)
(mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
(mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)
(nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
(nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
(ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
(ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
(ppp) Vinyl chloride (CAS 75-01-4)
4. "Children" means a person or persons aged twelve and under.
5. "Children's product" means a product primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, school supplies, personal care products, a product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, and children's novelty products, children's jewelry, children's bedding, furniture, furnishings, and apparel. "Children's product" does not include (a) batteries; or (b) consumer electronic products including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals; or (c) a food or beverage or an additive to a food or beverage regulated by the United States Food and Drug Administration. "Children's product" also does not include a drug, biologic or medical device regulated by the United States Food and Drug Administration.
6. "Distributor" means a person who sells children's products to retail establishments on a wholesale basis.
7. "Manufacturer" means any person who currently manufactures a children's product or whose brand name is affixed to the children's product. In the case of a children's product that was imported into the United States, "manufacturer" includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States.
8. "Practical quantification limit" means the lowest level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions.
9. "Dangerous chemical" means (a) the following chemicals:
CASRN13674-87-8 Tris (1, 3 dichloro-2-propyl) phosphate
CASRN71-43-2 Benzene
CASRN7439-92-1 lead and compounds (inorganic)
CASRN7439-97-6 Mercury and mercury compounds, including methyl
mercury (CASRN 22967-92-6)
CASRN50-00-0 Formaldehyde
CASRN1332-21-4 Asbestos
CASRN7440-38-2 Arsenic and arsenic compounds including arsenic
trioxide (CASRN 1327-53-3)
and dimethyl arsenic (CASRN 75-60-5)
CASRN7440-43-9 Cadmium
CASRN Assorted Organohalogen flame retardants
(b) a chemical adopted by the department pursuant to section 37-0903 of this title.
S. 501--B 5
10. "Toy" means a product designed or intended by the manufacturer to be used by children at play. § 37-0903. Consumer notice.
1. Publishing of lists. Within one hundred eighty days of the effective date of this title, the department shall post lists of dangerous chemicals and chemicals of concern on the department's website.
2. Periodic review. (a) The department, in consultation with the department of health, shall periodically review the list of dangerous chemicals and, may through regulation, add or remove dangerous chemicals or chemicals of concern from such lists.
(b) The department, in consultation with the department of health, may identify a chemical as a dangerous chemical if, upon such review, it is present in a children's product and meets any of the following criteria:
(i) The chemical or its metabolites have been found through biomonitoring to be present in humans;
(ii) The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment;
(iii) The chemical has been found through monitoring to be present in fish, wildlife or the natural environment; or
(iv) The sale or use of the chemical or a children's product containing the chemical has been banned in another state or states within the United States because of the health effects of such chemical.
(c) The department, in consultation with the department of health, may remove a chemical from the list of dangerous chemicals if, upon review, it determines on the basis of credible scientific evidence that such chemical no longer meets the criteria for listing under paragraph (b) of this subdivision.
(d) The department, in consultation with the department of health shall identify a chemical as a chemical of concern if, upon review, it determines that the chemical has been identified by a state, federal or international governmental entity on the basis of credible scientific evidence as:
(i) A carcinogen, reproductive or developmental toxicant, neurotoxicant, asthmagen, or endocrine disruptor;
(ii) Persistent, bioaccumulative and toxic; or
(iii) Very persistent and very bioaccumulative. § 37-0905. Reporting on the use of chemicals.
1. Reporting of chemical use. No later than twelve months after a dangerous chemical appears on the list published pursuant to section 37-0903 of this title, every manufacturer who offers a children's product for sale or distribution in this state that contains a dangerous chemical or chemical of concern shall report such chemical use at practical quantification limits to the department.
(a) This report must at a minimum identify the children's product, the dangerous chemical or chemicals of concern contained in the children's product and the intended purpose of such chemicals. The department may also require reporting of the following information:
(i) the amount of such chemical in the children's product; or
(ii) information on the likelihood that the chemical will be released from the children's product to the environment during the product's life cycle and the extent to which users of the product are likely to be exposed to the chemical.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products
Purpose or general idea of bill
The purpose of this bill is to protect children's health.
Summary of provisions
This bill:
*defines children as "a person or persons aged twelve and under;"
*defines children's product as "a product primarily intended for, made for or marketed for use by children, such as baby products, toys, car seats, personal care products, a product designed or intended by the manufacturer to help a child with teething, to facilitate sleep, relaxa- tion, or the feeding of a child, novelty products, bedding, furniture, furnishings, and children's apparel;"
*requires the Department of Environmental Conservation (DEC) to post lists of dangerous chemicals and chemicals of concern on the Depart- ment's website within 180 days of the effective date of this title;
*allows DEC, in consultation with the Department of Health to period- ically review the list of dangerous chemicals and chemicals of concern to identify or remove dangerous chemicals or chemicals of concern based on credible scientific evidence;
*permits designation of a "dangerous chemical" if such chemical is:
o found to be present in humans; o found to be present in household dust, indoor air, or drinking water; o found to be present in fish, wildlife or the natural environment; o found to be present in a consumer product or present in the home, school or children's day care center; o banned for sale in another state
*requires Manufacturers that sell a children's product that contains a dangerous chemical or chemical of concern, to report to the department, in a form prescribed by the department, the following information:
o the identification of the product, o the name of the dangerous chemicals or chemicals of concern, included, and, o the intended purpose of the chemicals
*requires manufacturer of children's products containing a dangerous chemical to notify persons that offer the children's products for sale or distribution in the state, of the presence of such chemical, and provide such persons with information regarding the toxicity of such chemical;
*requires DEC to notify consumers about children's products containing chemicals of concern and dangerous chemicals;
*requires the manufacturer to pay a fee upon the submission. of chemical use reports or waiver requests sufficient to cover DEC's reasonable costs in administration and enforcement; and,
*prohibits the sale, effective January 1, 2023, of children's products containing certain dangerous chemicals including organohalogen flame retardants, tris, and asbestos.
Justification
Currently, New York identifies or prohibits the use of dangerous chemi- cals on a chemical by chemical basis. This approach is especially prob- lematic for children's products since children are often more vulnerable to smaller amounts of chemicals. Several other states, including Wash- ington, California, and Maine have adopted more comprehensive chemical policies. This legislation is modeled after those states and is intended to prevent the use of dangerous chemicals and ensure the use of safer chemical alternatives in children's products.
Prior legislative history
2017/2018: S.1454-A (Avella) 2016/2017: S.7507 (Avella) 2017: A.8266 (Englebright) 2015: A.5612 (Englebright) - Passed the Assembly. 2013-14: A.6328 (Sweeney) - Passed the Assembly. 2012: A.3141-A (Sweeney) - Passed the Assembly
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect March 1, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.