Toy Association Urges Member Input on
New York’s New Chemical Law Impacting Toys

NYDEC Deadline for Comments Extended to March 27

March 13, 2023 | The New York Department of Environmental Conservation (NYDEC) has issued a call for comments on elements of the Toxic Chemicals in Children’s Products (TCCP) law. In response, The Toy Association is drafting its own feedback and encouraging companies that will be impacted by the NYDEC’s new requirements to submit their comments by its new March 27 deadline. 

The new Environmental Conservation Law does not align with federal safety regulations or similar laws in other states and will not evaluate the safety of products despite claims that it will make children’s products safer. Under the law, the NYDEC is directed to 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. The NYDEC is not looking to recognize any exceptions for contaminant chemicals or inaccessible components, and the reported HPCs will require downstream notification as well. 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.

On February 16, the NYDEC held its third virtual public meeting to present and discuss an expanded list of about 600 chemicals and chemical groups and potential reporting thresholds. The NYDEC is still in the process of developing a rule to implement portions of the law.

Comments can be submitted via email to Members may reach out to The Toy Association’s Owen Caine, vice president of government affairs, with any questions on the topic.