Albany County will enforce its ‘Toxic Free Toys Act’ from November 1, 2017. The original act prohibits the use of certain substances and heavy metals in children’s products and apparel aimed at children aged twelve and under.
When the act was first implemented, the restrictions included benzene and the following heavy metals:
The county authorities have made several attempts to help retailers comply with the new law. These include:
- A letter to retailers detailing the requirements of the law and its enforcement date, issued in the summer of 2017
- The Commissioner of Health promulgating the rules and regulations
- Publishing of the Attestation of Compliance
- Production of a Frequently Asked Questions (FAQ)
The version of the law which will be enforced from November 1, is significantly different from the original law and amendment. The changes include:
- Heavy metals in children’s products and apparel regulated by the Consumer Product Safety Act (CPSA), the Federal Hazardous Substances Act (FSHA) or any other applicable federal law or enforcement policy that is administered by the federal government, are to be applied in accordance with those laws and policies
- A completely separate set of requirements for certain heavy metals in children’s products and apparel not covered by federal legislation
- Attestation of Compliance. This annual certificate is on forms promulgated by the Department of Health (DOH)
- Test methods used by the DOH
- The DOH will conduct random inspection of establishments using X-ray fluorescence (XRF) or other means - XRF per CPSC Test Methods CPSC-CH-E1001-08.3 or CPSC-CH-E1002-08.3, or testing performed at a CPSC accredited laboratory or according to FHSA protocol requirements
The law does include several exemptions, including:
- Used children’s products or apparel, sold or distributed for free or are donated to charities
- Children’s products and apparel sold exclusively on the internet
- Protective sporting equipment designed to prevent injury
- Batteries, consumer electronics or electronic components, paper products, or a drug, biological, medical device, food or additive regulated by the US Food and Drug Administration (FDA)
Enforcement of the law was postponed due to a series of legal challenges but will now come into effect on November 1, 2017. Stakeholders are advised to check their product’s compliance with the latest requirements of the ‘The Toxic Free Toys Act’ for the New York Albany County market.
SGS Toys & Juvenile Products Services
Through a global network of laboratories, SGS offers a range of services, including analytical testing and consultancy, for restricted and hazardous substances in children’s products for the US and international markets. Learn more about SGS’s Toys & Juvenile Products Services.
SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full New York Albany County Enforces the Toxic Free Toys Act SafeGuardS.
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For further information contact:
Hing Wo Tsang PH.D
Global Information and Innovation Manager
Tel:(+852) 2774 7420
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