What's happening
This bill exempts trace contaminants in children's products from certain toxic chemical regulations under New York environmental conservation law.
Why it matters
Narrows the scope of toxic chemical bans in children's products. By defining and exempting “trace contaminants”—chemicals present only in tiny, incidental amounts due to manufacturing—the bill means products aren’t automatically banned or recalled for minuscule, unavoidable contamination, focusing regulation on intentional or significant uses.
Reduces regulatory burden for manufacturers. The exemption for trace contaminants may lower compliance costs and complexity for companies, as they won’t need to meet zero-tolerance standards that are often difficult or impossible due to limitations in manufacturing and chemical sourcing.
May affect consumer safety expectations. While the bill maintains bans on intentionally added dangerous chemicals, it allows for the presence of small, unintended amounts, which could concern consumers who expect children’s products to be completely free of listed toxins, regardless of concentration.
Creates alignment with practical enforcement and federal standards. Including the trace contaminant exemption brings New York in line with regulatory approaches in other states and at the federal level, which commonly distinguish between intentional use and unavoidable contamination, potentially reducing confusion for businesses operating in multiple jurisdictions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Toxic Chemicals in Toys
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Approval memo.101
- Signed chap.757
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.314
- Substituted for A7371
- Referred to economic development
- Delivered to assembly
- Passed senateVote 57–5
- Ordered to third reading cal.491
- Referred to rules
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
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5349
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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. Section 37-0901 of the environmental conservation law, as added by a chapter of the laws of 2019, amending the environmental conservation law relating to regulation of toxic chemicals in children's products, as proposed in legislative bills numbers S. 501-B and A. 6296-A, is amended by adding a new subdivision 11 to read as follows:
11. "Trace contaminant" means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product.
§ 2. Subdivisions 1 and 2 of section 37-0907 of the environmental conservation law, as added by a chapter of the laws of 2019, amending the environmental conservation law relating to regulation of toxic chemicals in children's products, as proposed in legislative bills numbers S. 501-B and A. 6296-A, are amended to read as follows:
1. Effective January first, two thousand twenty-three, no person shall distribute, sell or offer for sale in this state a children's product containing tris (1, 3 dichloro-2-propyl) phosphate, benzene, formaldehyde (other than in textiles), asbestos, and organohalogen flame [retardents] retardants. This provision shall not apply: (a) to a children's product solely based on its containing an enclosed battery or enclosed electronic components [and]; (b) where state regulation of children's products is preempted by federal law; or (c) where the chemical is present as a trace contaminant. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05551-10-9
S. 5349 2
lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.
2. Effective three years after being added to the dangerous chemicals list, no person shall distribute, sell, or offer for sale in this state a children's product that contains a chemical added to the dangerous chemicals list pursuant to section 37-0903 of this title. This provision shall not apply: (a) to a children's product solely based on its containing an enclosed battery or enclosed electronic components [and]; (b) where state regulation of children's products is preempted by federal law; or (c) where the chemical is present as a trace contaminant. The commissioner may exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.
§ 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the environmental conservation law relating to regulation of toxic chemicals in children's products, as proposed in legislative bills numbers S. 501-B and A. 6296-A, takes effect.
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 regulate toxic chemicals in children's products.
Summary of provisions
This bill would amend § 37-0901 and § 37-0907 of the Environmental Conservation Law, as added by a chapter of the laws of 2019, to define trace contaminants and to allow for the exemption of certain trace contaminants that might be subject to the sale prohibition provisions of this title.
Justification
This bill would amend § 37-0901 and § 37-0907 of the Environmental Conservation Law, as added by a chapter of the laws of 2019, to define trace contaminants and to allow for the exemption of certain trace contaminants that might be subject to the sale prohibition provisions of this title. This amendment allows for de minimis amounts of trace contaminants, subject to the regulatory oversight of the Department of Environmental Conservation.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.