NY Department of Environmental Conservation to Hold Hearing on Legislation for Chemicals

December 22, 2022 | The Toy Association is alerting members that the New York Department of Environmental Conservation (NYDEC) will hold a virtual public hearing on Thursday, February 16, 2023 at 10 a.m. (Eastern) about elements of the Toxic Chemicals in Children’s Products (TCCP) law.

Under the Environmental Conservation Law, the NYDEC must create a list of chemicals of concern (COCs) and high priority chemicals (HPCs) that manufacturers must disclose if they are present in children’s products, if for sale in the state of New York. In addition, effective January 1, 2023, it is prohibited to sell children's products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate.

The NYDEC is in the process of developing a rule to implement portions of the law. Since this is a pre-rulemaking meeting, the NYDEC will release a proposed rule with additional public comment opportunities. The rule is expected to address the specific product categories that are covered, what chemicals and supporting information must be disclosed, details on how to obtain a waiver from reporting or the sales prohibition, and the fees associated with reporting and applying for a waiver.

During the hearing, the NYDEC will present an overview of the enacted TCCP law and discuss the chemicals under consideration for listing as COCs and HPCs that manufacturers will need to report if present in children's products.

Registration is required to attend the virtual public meeting. Members may reach out to The Toy Association’s Owen Caine, vice president of government affairs, with any questions on this topic.