/UP ONE LEVEL
TITLE 9
Toxic Chemicals In Children 's Products
(/Legislation/L aws/ENV/A37T9)NEXT
SECTION 37-0903
Applicability  (/Legislation/L aws/ENV/37-0903/)
Section 37-0901
Definiti ons
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  As used in this title, unless the context otherwise indi cates, the following
terms hav e the following meanings.  
  1. "Children's apparel" means any item of clothing that consists of fabri c or
related material intend ed or promoted for use in children's clothing.
Children's apparel d oes not mean protecti ve equipment d esigned to prev ent
injury, including, but not limited to, bi cycle helmets, athleti c supporters,
knee pads or elbow pads.  
  2. "Chemi cal" means a substance with a distinct molecular compositi on or a
group of structurally related substances and includ es the breakd own
products of the substance or substances that form through d ecompositi on,
degradati on or metabolism.  
  3. " Chemi cal of concern" means a chemi cal id entifi ed by the d epartment
by rule pursuant to subdi vision one of secti on 37 -090 5 of this title.  
  4. "Children" means a person or persons aged twelv e and und er. ! #
N/  5. "Children's product" means a consumer product primarily intend ed for,
mad e for or marketed for use by children, such as baby products, toys, car
seats, school suppli es, personal care products as d efined in secti on 37 -0117 of
this arti cle, a product d esigned or intend ed by the manufacturer to help a
child with sucking or teething, to facilitate sleep, relax ation, or the feeding
of a child, and children's nov elty products, children's j ewelry as d efined in
secti on 37 -0115 of this arti cle, children's bedding, furniture, furnishings, and
apparel. "Children's product" d oes not includ e (a) batteri es; (b) consumer
electroni c products and their component parts including but not limited to
personal computers, audi o and vid eo equipment, calculators, wireless
phones, game consoles, vid eo toys that can be connected to a vid eo screen
and are operated at a nominal v oltage ex ceeding twenty-four v olts and
handheld d evices incorporating a vid eo screen, used to access interacti ve
software and their associated peripherals, accessori es and peripherals to
children's electroni c products including plugs, keyboards and headphones,
interacti ve software, intend ed for leisure and entertainment, such as
computer games, and their storage media, such as compact disks; or (c)
sporting equipment including bi cycles and tri cycles, skis, snow boards, sleds,
and roller skates; and hunting and fishing equipment or components
thereof; (d) sci ence kits including chemistry sets and mod el rockets; (e) toy
engines and sets of darts with metalli c points; (f) motor v ehicles or their
component parts, watercraft or their component parts, all-terrain v ehicles
or their component parts, or off-hi ghway motorcycles or their component
parts.  
  6. "Consumer product" means any product that is regularly used or
purchased to be used for personal, family or household purposes. Consumer
product shall not mean: (a) a food or bev erage or an additi ve to a food or
beverage regulated by the United States Food and Drug Administrati on; or
(b) a drug, bi ologi c or medi cal d evice regulated by the United States Food
and Drug Administrati on. 
  7. "Distributor" means a person who sells children's products to retail
establishments on a wholesale basis.  /  8. "Manufacturer" means any person who currently manufactures a
children's product or whose brand name is affix ed to the children's product.
In the case of a children's product that was imported into the United States,
"manufacturer" includ es the importer or first d omesti c distributor of the
children's product if the person who currently manufactures or assembles
the children's product or whose brand name is affix ed to the children's
product d oes not hav e a presence in the United States.  
  9. "Practi cal quantifi cation limit" means the lowest lev el that can be
reliably achi eved within specifi ed limits of precisi on and accuracy during
routine laboratory operating conditi ons.  
  10. "Hi gh-pri ority chemi cal" means (a) a chemi cal d esignated pursuant to
paragraph (a) of subdi vision two of secti on 37 -090 5 of this title; and  
  (b) a chemi cal ad opted by the d epartment pursuant to paragraph (b) of
subdi vision two of secti on 37 -090 5 of this title.  
  11. "Intenti onally add ed chemi cal" means a chemi cal in a product that
serv es an intend ed functi on in the product component.  
  12. "Toy" means a product d esigned or intend ed by the manufacturer to be
used by children at play.  
  13. "Trace contaminant" means a trace amount of a chemi cal or chemi cals
that is incid ental to manufacturing, including an unintend ed by-product of
chemi cal reacti ons during the manufacture of the children's product, a
trace impurity in feed-stock, an incompletely reacted chemi cal mixture, or a
degradati on product.  
  14. "V ery persistent" means having a half-life greater than or equal to one of
the following: (a) a half-life in soil or sediment of greater than one hundred
eighty days; (b) a half-life greater than or equal to sixty days in water or/UP ONE LEVEL
TITLE 9
Toxic Chemicals In Children 's Products  (/Legislation/L aws/ENV/A37T9)
NEXT
SECTION 37-0903
Applicability  (/Legislation/L aws/ENV/37-0903/)evid ence of long-range transport.  
  15. "Very bi oaccumulati ve" means having a bi oconcentrati on factor or
bioaccumulati on factor greater than or equal to fi ve thousand, or if neither
are av ailable, having a log Kow greater than 5 .0./PREV
SECTION 37-0901
Deﬁnitions  (/Legislation/L aws/ENV/37-0901/)NEXT
SECTION 37-0905
Chemicals Of Concern And High-Priority Chemicals
(/Legislation/L aws/ENV/37-0905/)
Section 37-0903
Appli cability
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. N ew children's products. The provisi ons of this title shall apply to
chemi cals of concern and hi gh-pri ority chemi cals in children's products sold
or distributed as new and d oes not apply to used children's products that
are sold or distributed for free at secondhand stores, yard sales, on the
internet or d onated to chariti es. 
  2. Ex cepti ons. (a) The requirements of this title shall not apply to hi gh
priority chemi cals used in or for industry or manufacturing, including
chemi cals processed or otherwise used in or for industrial or manufacturing
processes and not includ ed in the final product.  
  (b) Combusti on. The requirements of this title shall not apply to hi gh-
priority chemi cals generated solely as combusti on by-products or that are
present in combustible fuels.  
  (c) Small business ex cepti on. The requirements of this title shall not apply
to children's product manufacturers that employ fi ve persons or fewer and
are ind epend ently owned and operated.  ! #
N/PREV
SECTION 37-0901
Deﬁnitions  (/Legislation/L aws/ENV/37-0901/)
NEXT
SECTION 37-0905
Chemicals Of Concern And High-Priority Chemicals  (/Legislation/L aws/ENV/37-0905/)  (d) Retailers. A retailer is ex empt from the requirements of this title unless
that retailer knowingly sells a children's product containing a hi gh-pri ority
chemi cal after the effecti ve date of its prohibiti on for whi ch that retailer
has recei ved notifi cation pursuant to secti on 37 -0913 of this title./PREV
SECTION 37-0903
Applicability  (/Legislation/L aws/ENV/37-0903/)NEXT
SECTION 37-0907
Reporting On The Use Of Chemicals
(/Legislation/L aws/ENV/37-0907/)
Section 37-0905
Chemi cals of concern and hi gh-pri ority chemi cals
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. Chemi cals of concern.  
  (a) Within two years of the effecti ve date of this title, the d epartment, in
consultati on with the d epartment of health, shall promulgate a list of
chemi cals of concern. A chemi cal may be listed as a chemi cal of concern if it
has been id entifi ed by a gov ernment entity and/ or id entifi ed on the basis of
credible sci entifi c evid ence as being:  
  (i) a carcinogen, reproducti ve or d evelopmental toxi cant, neurotoxi cant,
asthmagen, or end ocrine disruptor;  
  (ii) persistent, bi oaccumulati ve and toxi c; or  
  (iii) v ery persistent and v ery bi oaccumulati ve. 
  (b) The d epartment shall revi ew lists codifi ed or promulgated in other
states as chemi cals of concern to d etermine if such chemi cals meet the
criteria of paragraph (a) of this subdi vision. The d epartment at a minimum
shall consid er: ! #
N/  (i) 1,1,2,2-Tetrachloroethane (CAS 7 9-34-5)  
  (ii) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-66 -9) 
  (iii) 1,4-Di oxane (CAS 123-9 1-1) 
  (iv) 2,2',3,3',4,4 ',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 11 63-19-5) 
  (v) 2,4-Diaminotoluene (CAS 9 5-80-7)  
  (vi) 2-Aminotoluene (CAS 9 5-53-4) 
  (vii) 2-Ethylhex anoi c acid (CAS 14 9-57-5) 
  (viii) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 1836 58-27 -7) 
  (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5 466-77-3) 
  (x) 2-M ethoxyethanol (CAS 109-86 -4) 
  (xi) 3,3'-Dimethylbenzidine and d yes metabolized to 3,3'-Dimethylbenzidine
(CAS 11 9-93-7) 
  (xii) 4-N onylphenol; 4-NP and its isomer mixtures including CAS 8485 2-15-3
and CAS 25 154-52-3 (CAS 104-40-5)  
  (xiii) Acetald ehyd e (CAS 7 5-07-0) 
  (xiv) Acrylonitrile (CAS 10 7-13-1)  
  (xv ) Aniline (CAS 6 2-53-3) 
  (xvi) Antimony & antimony compounds (CAS 7 440-36 -0) /  (xvii) Arseni c & arseni c compounds (CAS 7 440-38-2) including arseni c
trioxid e & dimethyl arseni c (CAS 7 5-60-5)  
  (xviii) Asbestos (CAS 1332-21-4)  
  (xix) Benzene (CAS 71-4 3-2) 
  (xx) Benzene, pentachloro (CAS 608-9 3-5) 
  (xxi) Benzophenone-2 (BP-2); 2,2',4,4 '-tetrahydroxybenzophenone (CAS 131-
55-5) 
  (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-5 1-7) 
  (xxiii) Bis(chloromethyl) propane-1-3-di yltetrakis-(2-chloroethyl)
bis(phosphate)(V6)(CAS 380 51-10-4)  
  (xxi v) Bisphenol A (CAS 80-0 5-7) 
  (xxv ) Bisphenol F (CAS 6 20-9 2-8) 
  (xxvi) Bisphenol S (CAS 80-09-1)  
  (xxvii) Butyl benzyl phthalate (BBP ) (CAS 85-68-7)  
  (xxviii) Butylated H ydroxyanisole; (BHA) (CAS 25 013-1 6-5) 
  (xxix) C.I. solv ent yellow 14 (CAS 84 2-07-9) 
  (xxx) Cadmi um & cadmi um compounds (CAS 7 440-4 3-9) 
  (xxxi) Carbon disulfid e (CAS 7 5-15-0)  /  (xxxii) Chlorinated paraffins (CAS 1081 71-26 -2) 
  (xxxiii) Cobalt & cobalt compounds (CAS 7 440-48-4)  
  (xxxi v) Decabromodiphenyl ethane (DBPE) (CAS 8485 2-53-9) 
  (xxxv ) Di-2-ethylhexyl phthalate (CAS 11 7-81-7)  
  (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP ) (CAS 11 7-82-8)  
  (xxxvii) Di cyclohexyl phthalate (DCHP ) (CAS 84-61-7)  
  (xxxviii) Di ethyl phthalate (CAS 84-66 -2) 
  (xxxix) Diisobutyl phthalate (DIBP ) (CAS 84-6 9-5) 
  (xl) Di-n-hexyl phthalate (CAS 84-7 5-3) 
  (xli) Di-n-octyl phthalate (DN OP) (CAS 11 7-84-0)  
  (xlii) Dipentyl phthalate (DPP ) (CAS 131-18-0)  
  (xliii) Ethylene glycol (CAS 10 7-21-1)  
  (xli v) Ethylene glycol monoethyl ester (CAS 110-80-5)  
  (xlv ) Ethyl hexyl d-phenol phosphate (EHDPP ) (CAS 1241-9 4-7) 
  (xlvi) Formald ehyd e (CAS 5 0-0-0)  
  (xlvii) H exabromocyclod odecane (HBCD) (CAS 25 637-99-4) 
  (xlviii) H exachlorobenzene (CAS 118-7 4-1) /  (xlix) H exachlorobutadi ene (CAS 87 -68-3)  
  (l) Isopropylated triphenyl phosphate (IPTPP ) (CAS 684 37-41-7)  
  (li) M ercury & mercury compounds (CAS 7 439-9 7-6) including methyl
mercury (CAS 2296 7-92-6) 
  (lii) M ethyl ethyl ketone (CAS 78-9 3-3) 
  (liii) M ethyl paraben (CAS 9 9-76 -3) 
  (liv) Methylene chlorid e (CAS 7 5-09-2)  
  (lv) N-methylpyrrolid one (CAS 872-5 0-4) 
  (lvi) N ickel and ni ckel compounds (CAS N/ A) 
  (lvii) N-nitrosodimethylamine (CAS 6 2-75-9) 
  (lviii) N-nitrosodiphenylamine (CAS 86 -30-6)  
  (lvix) P erchloroethylene (CAS 127 -18-4)  
  (lx) P erfluorooctanoi c acid (PFOA & related substances) (CAS 335-6 7-1) 
  (lxi) P erfluorooctanyl sulphoni c acid and its salts (PFOS) (CAS 1 763-23-1)  
  (lxii) Phenol (CAS 108-9 5-2) 
  (lxiii) Phenol, 4-octyl- (CAS 1806 -26-4) 
  (lxi v) P-hydroxybenzoi c acid (CAS 9 9-96 -7) 
  (lxv ) Propyl paraben (CAS 9 4-13-3)  /  (lxvi) Styrene (CAS 100-4 2-5) 
  (lxvii) Tetrabromobisphenol A (CAS 7 9-94-7) 
  (lxviii)Tetrachloroethene (CAS 127 -18-4)  
  (lxix) Toluene (CAS 108-88-3)  
  (lxx) Tri cresyl phosphate (TCP ) (CAS 1330-78-5)  
  (lxxi) Tri-n-butyl phosphate (TNBP ) (CAS 126 -73-8)  
  (lxxii) Triphenyl phosphate (TPP ) (CAS 115-86 -6) 
  (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP ) (CAS 136 74-84-5)  
  (lxxi v) Tris(2-chloroethyl) phosphate (CAS 115-96 -8) 
  (lxxv ) Tris(2,3-dibromopropylphosphate) (CAS 126 -72-7)  
  (lxxvi) Vinyl chlorid e (CAS 7 5-01-4)  
  (lxxvii) Organohalogen flame retardants  
  (c) The d epartment, in consultati on with the d epartment of health, shall
peri odically revi ew the list of chemi cals of concern and may through
regulati on add or remov e a chemi cal from the list on the basis of credible
scientifi c evid ence. The d epartment may remov e a chemi cal from the list of
chemi cals of concern if, upon revi ew, it d etermines on the basis of credible
scientifi c evid ence that such chemi cal no longer meets the criteria for
listing und er paragraph (a) of this subdi vision. 
  2. Hi gh-pri ority chemi cals. (a) The following chemi cals are d esignated hi gh/priority chemi cals for purposes of this title:  
  (i) Tris (1, 3 di chloro-2-propyl) phosphate (CAS 136 74-87 -8) 
  (ii) Benzene (CAS 71-4 3-2) 
  (iii) M ercury and mercury compounds, including methyl mercury (CAS
7439-9 7-6) 
  (iv) Asbestos (CAS 1332-21-4)  
  (v) Arseni c and arseni c compounds (CAS 7 440-38-2) including arseni c
trioxid e (CASRN 1327 -53-3) and dimethyl arseni c (CASRN 7 5-60-5)  
  (vi) Cadmi um (CAS 7 440-4 3-9) (other than toy coatings)  
  (vii) Organohalogen flame retardants in upholstered bedding or furniture  
  (b) The d epartment shall peri odically revi ew the list of hi gh pri ority
chemi cals and may by rule add to the list of hi gh-pri ority chemi cals if the
criteria of paragraph (a) of subdi vision one of this secti on are met and the
chemi cal is present in a children's product and meets any of the following
criteria:  
  (i) The chemi cal or its metabolites hav e been found through bi omonitoring
to be present in humans;  
  (ii) The chemi cal has been found through sampling and analysis to be
present in household dust, ind oor air, drinking water or elsewhere in the
home environment;  
  (iii) The chemi cal has been found through monitoring to be present in fish,
wildlife or the natural environment; or  /PREV
SECTION 37-0903
Applicability  (/Legislation/L aws/ENV/37-0903/)
NEXT
SECTION 37-0907
Reporting On The Use Of Chemicals  (/Legislation/L aws/ENV/37-0907/)  (iv) The sale or use of the chemi cal or a children's product containing the
chemi cal has been banned in another state or states within the United
States because of the health effects of such chemi cal or the children's
product safety council established pursuant to secti on 37 -0911 of this title
has recommend ed the chemi cal be listed as a hi gh-pri ority chemi cal. The
department shall, as part of its peri odic revi ew, consid er whether the sale or
use of a chemi cal or a children's product containing the chemi cal has been
banned in another state or within the United States because of the health
effects of such chemi cal. 
  (c) The d epartment, in consultati on with the d epartment of health, may
remov e a chemi cal from the list of hi gh pri ority chemi cals if it d etermines
on the basis of credible sci entifi c evid ence that such chemi cal no longer
meets the criteria of paragraph (b) of this subdi vision./PREV
SECTION 37-0905
Chemicals Of Concern And High-Priority Chemicals
(/Legislation/L aws/ENV/37-0905/)NEXT
SECTION 37-0909
Sales Prohibition  (/Legislation/L aws/ENV/37-0909/)
Section 37-0907
Reporting on the use of chemi cals
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. Reporting of chemi cal use. N o later than twelv e months after a chemi cal
of concern or hi gh-pri ority chemi cal appears on the lists promulgated
pursuant to secti on 37 -090 5 of this title, ev ery manufacturer who offers a
children's product for sale or distributi on in this state that contains a
chemi cal of concern or a hi gh-pri ority chemi cal shall report such chemi cal
use at or abov e practi cal quantifi cation limits to the d epartment, provid ed
howev er, that the d epartment may, through regulati on, establish an
alternati ve threshold for the reporting of trace contaminants.  
  (a) This report must at a minimum id entify the children's product, the
high-pri ority chemi cal or chemi cals of concern contained in the children's
product and the intend ed purpose of such chemi cals. The d epartment may
also require reporting of the following informati on: 
  (i) the amount of such chemi cal in the children's product; or  
  (ii) informati on on the likelihood that the chemi cal will be released from
the children's product to the environment during the product's life cycle
and the extent to whi ch users of the product are likely to be exposed to the! #
N/PREV
SECTION 37-0905
Chemicals Of Concern And High-Priority Chemicals  (/Legislation/L aws/ENV/37-0905/)
NEXT
SECTION 37-0909
Sales Prohibition  (/Legislation/L aws/ENV/37-0909/)chemi cal. 
  (b) The d epartment is authorized to direct submissi on of such report to the
interstate chemi cals clearinghouse and may otherwise provid e for
reciprocal data sharing with other states whi ch require reporting of the
same informati on. 
  2. Wai ver of reporting. Upon appli cation by a manufacturer, the
commissi oner may wai ve all or part of the reporting requirements und er
subdi vision one of this secti on for one or more specifi ed uses of a hi gh-
priority chemi cal. In making such d eterminati on, the commissi oner may
consid er: (a) if substantially equi valent informati on is alread y publi cly
available or that the informati on is not need ed for the purposes of this
chapter, (b) similar wai vers granted by other states, and (c) whether the
specifi ed use or uses are minor in v olume.  
  3. Fees. The manufacturer shall pay a fee upon submissi on of a report of
chemi cal use pursuant to subdi vision one of this secti on or a wai ver request
pursuant to subdi vision two of this secti on to cov er the d epartment's
reasonable costs in the administrati on and enforcement of this title.
Exclusi ve of fines and penalti es, the state shall only recov er its actual cost
of administrati on and enforcement./PREV
SECTION 37-0907
Reporting On The Use Of Chemicals
(/Legislation/L aws/ENV/37-0907/)NEXT
SECTION 37-091 1
Children 's Product Safety Council; Established
(/Legislation/L aws/ENV/37-0911/)
Section 37-0909
Sales prohibiti on
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. Effecti ve January first, two thousand twenty-three, no person shall
distribute, sell or offer for sale in this state a children's product in whi ch tris
(1, 3 di chloro-2-propyl) phosphate (CAS 136 74-87 -8), benzene (CAS 71-4 3-2),, or
asbestos (CAS 1332-21-4) is intenti onally add ed. This provisi on shall not
apply: (a) to a children's product solely based on its containing an enclosed
battery or enclosed electroni c components; (b) where state regulati on of
children's products is preempted by fed eral law; (c) where the chemi cal is
present as a trace contaminant; or (d) to an inaccessible component of a
children's product that during reasonable, foreseeable use and abuse of the
product would not come into direct contact with a child's skin or mouth, as
determined by the d epartment. The commissi oner may ex empt a children's
product from this prohibiti on if, in the commissi oner's judgment, the lack of
availability of the children's product could pose an unreasonable risk to
publi c health, safety or welfare.  
  2. (a) To the extent allowed by fed eral law, the d epartment may, by
regulati on, prohibit the distributi on, sale, or offer for sale in this state of a
children's product that contains a chemi cal add ed to the hi gh-pri ority
chemi cals list pursuant to secti on 37 -090 5 of this title, or a chemi cal! #
N/PREV
SECTION 37-0907
Reporting On The Use Of Chemicals  (/Legislation/L aws/ENV/37-0907/)
NEXT
SECTION 37-091 1
Children 's Product Safety Council; Established  (/Legislation/L aws/ENV/37-0911/)recommend ed for prohibiti on by the children's product safety council
pursuant to paragraph (b) of subdi vision fi ve of secti on 37 -0911 of this title.  
  (b) In d eveloping rules to prohibit a chemi cal pursuant to this subdi vision,
the d epartment shall rely on credible sci entifi c evid ence and consid er
informati on relev ant to the hazards based on the quantitati ve extent of
potential exposures to the chemi cal und er its intend ed or reasonably
anti cipated conditi ons of use./PREV
SECTION 37-0909
Sales Prohibition  (/Legislation/L aws/ENV/37-0909/)NEXT
SECTION 37-0913
Notice T o Retailers And The Public
(/Legislation/L aws/ENV/37-0913/)
Section 37-0911
Children's product safety council; established
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
Children's product safety council; established. 1. There shall be established,
within the d epartment, the children's product safety council. Such council
shall be composed of ten members as follows:  
  (a) the commissi oner, or the commissi oner's d esignee, who shall be the
chair of the council;  
  (b) the commissi oner of health or his or her d esignee;  
  (c) a d esignee of the commissi oner with expertise in epid emiology,
toxi cology or health risk assessment;  
  (d) a d esignee of the commissi oner of health with expertise in
epid emiology, toxi cology or health risk assessment; and  
  (e) six members appointed by the gov ernor, two of whom shall be
recommend ed by the temporary presid ent of the senate, and two by the
speaker of the assembly.  ! #
N/  2. (a) Of the four members appointed to the children's product safety
council and recommend ed by the temporary presid ent of the senate and
the speaker of the assembly, the temporary presid ent of the senate and the
speaker of the assembly shall each recommend:  
  (i) one member who has expertise in pediatri cs; and  
  (ii) one member who has a background or expertise in toxi cology or health
risk assessment.  
  (b) Of the two additi onal members appointed to the children's product
safety council, the gov ernor shall appoint members who hav e a background
in environmental health and safety, risk assessment or medi cine.  
  (c) The members of such council appointed pursuant to paragraph (e) of
subdi vision one of this secti on shall serv e terms of two years.  
  (d) The members appointed pursuant to paragraph (e) of subdi vision one of
this secti on shall each serv e his or her term of offi ce or until his or her
successor is appointed; provid ed that any v acancy in the positi on of an
appointed member shall be filled in the same manner as the ori ginal
appointment and only for the unexpired term of the v acancy.  
  3. The members of the children's product safety council shall recei ve no
compensati on for their servi ces, but shall be allowed their actual and
necessary expenses incurred in the performance of their duti es pursuant to
this title.  
  4. The children's product safety council shall meet at such times and places
as may be d etermined by its chair. The council shall meet at a minimum of
two times per year. All meetings shall be open to the publi c pursuant to
article sev en of the publi c offi cers law. A maj ority of the members of such
council shall constitute a quorum for the transacti on of business. Acti on
may be taken, and moti ons and resoluti ons ad opted, at any meeting by the/affirmati ve vote of a maj ority of the full membership of the council.  
  5. (a) The council shall make recommendati ons to the d epartment relating
to those chemi cals, whi ch the d epartment may list as hi gh-pri ority
chemi cals pursuant to secti on 37 -090 5 of this title. The council shall provid e
the d epartment with its first list of recommend ed hi gh-pri ority chemi cals
no later than one year from the initial meeting of the council, and the
council shall update the list annually thereafter. In d etermining what
chemi cals shall be recommend ed as hi gh-pri ority chemi cals the council
shall, at a minimum, consid er the criteria of paragraph (b) of subdi vision
two of secti on 37 -090 5 of this title;  
  (b) The council shall make recommendati ons to the d epartment relating to
those chemi cals whi ch should be prohibited by the d epartment pursuant to
subdi vision two of secti on 37 -0909 of this title.  
  (i) In d etermining what chemi cals shall be recommend ed for prohibiti on,
the council shall, at a minimum, consid er those chemi cals listed as hi gh-
priority chemi cals pursuant to secti on 37 -090 5 of this title.  
  (ii) The council shall provid e the d epartment with its first list of such
chemi cals no later than two years from the initial meeting of the council.
The council shall update the list, including a revi ew of the chemi cals listed
as hi gh-pri ority chemi cals pursuant to secti on 37 -090 5 of this title, annually
thereafter.  
  6. The children's product safety council shall be entitled to request and
recei ve informati on from any state, muni cipal d epartment, board,
commissi on or agency that may be required or are d eemed necessary for
the purposes of such council.  
  7. Before the council ad vances any recommendati on to the d epartment, the
council shall provid e an opportunity for publi c and stakehold er comments./PREV
SECTION 37-0909
Sales Prohibition  (/Legislation/L aws/ENV/37-0909/)
NEXT
SECTION 37-0913
Notice T o Retailers And The Public  (/Legislation/L aws/ENV/37-0913/)Final recommendati ons of the council shall be posted on the d epartment's
website within thirty days after the council ad opts such recommendati ons./PREV
SECTION 37-091 1
Children 's Product Safety Council; Established
(/Legislation/L aws/ENV/37-0911/)NEXT
SECTION 37-0915
Enforcement And Implementation
(/Legislation/L aws/ENV/37-0915/)
Section 37-0913
Notice to retailers and the publi c
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. A manufacturer of a children's product containing a hi gh-pri ority
chemi cal shall notify persons that offer the children's product for sale or
distributi on in the state, in a form prescribed by the d epartment, of the use
of such hi gh-pri ority chemi cal and provid e such persons with informati on
regarding the toxi city of such chemi cal, ex cept that this subdi vision shall
apply to trace contaminants in a manner consistent with secti on 37 -090 7 of
this title.  
  2. The d epartment shall provid e informati on to the publi c about children's
products containing chemi cals of concern or hi gh pri ority chemi cals by
posting such informati on as reported by the manufacturers on the
department's website, provid ed howev er, that the d epartment shall not be
held liable for the accuracy of a manufacturer's report.! #
N/PREV
SECTION 37-0913
Notice T o Retailers And The Public
(/Legislation/L aws/ENV/37-0913/)NEXT
SECTION 37-0917
Regulations  (/Legislation/L aws/ENV/37-0917/)
Section 37-0915
Enforcement and implementati on
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  1. Failure to provid e noti ce. A children's product containing a hi gh-pri ority
chemi cal may not be sold, offered for sale or distributed for sale in this state
unless the manufacturer has provid ed a report to the d epartment required
und er secti on 37 -090 7 of this title by the date required in such secti on. The
commissi oner may ex empt a children's product from this prohibiti on if, in
the commissi oner's judgment, the lack of av ailability of the children's
product could pose an unreasonable risk to publi c health, safety or welfare.  
  2. Statement of compliance. The d epartment may request the
manufacturer of the children's product to provid e a statement of
compliance on a form provid ed by the d epartment, within fifteen days of
receipt of a request from the d epartment. The statement of compliance
shall:  
  (a) attest that the children's product d oes not contain the hi gh-pri ority
chemi cal; or  
  (b) attest that notifi cation required by secti on 37 -0913 of this title has been
provid ed; ! #
N/PREV
SECTION 37-0913
Notice T o Retailers And The Public  (/Legislation/L aws/ENV/37-0913/)
NEXT
SECTION 37-0917
Regulations  (/Legislation/L aws/ENV/37-0917/)  (c) attest that the manufacturer has notifi ed persons who sell the product
in this state that the sale of the children's product is prohibited;  
  (d) attest that the presence of a hi gh-pri ority chemi cal is only as a trace
contaminant; or  
  (e) attest that the chemi cal prohibited pursuant to subdi vision two of
secti on 37 -0909 of this title is only present in an inaccessible component of
the children's product./PREV
SECTION 37-0915
Enforcement And Implementation
(/Legislation/L aws/ENV/37-0915/)UP ONE LEVEL
TITLE 9
Toxic Chemicals In Children 's Products
(/Legislation/L aws/ENV/A37T9)
Section 37-0917
Regulati ons
Environmental Conservation (ENV)SHAREThe L aws Of New Y ork (/LEGISLA TION/LA WS/ALL)  / Consolidated L aws (/LEGISLA TION/LA WS/CONSOLID ATED)
/ Environmental Conservation  (/LEGISLA TION/LA WS/ENV)  / Article 37: Substances Hazardous Or Acutely
Hazardous T o Public Health, Safety Or The Environment  (/LEGISLA TION/LA WS/ENV/A37)  / Title 9: Toxic
Chemicals In Children 's Products  (/LEGISLA TION/LA WS/ENV/A37T9)  /
  The d epartment may ad opt any rules and regulati ons it d eems necessary
to implement the provisi ons of this title.! #
N