Toxic Chemicals in Children's Products
Title IX of Article 37 of the Environmental Conservation Law (ECL), Toxic Chemicals in Children's Products (TCCP), addresses chemicals in consumer products primarily intended for children aged twelve and under. ECL 37-0905 requires DEC to promulgate a list of Chemicals of Concern (COC) and authorizes DEC to add to the list of High Priority Chemicals (HPC). Once promulgated in a rulemaking, these lists will set forth the chemicals that must be disclosed if present in children's products sold or distributed in New York State.
Reporting Requirements
DEC is in the process of developing a rule to implement portions of the law. There are no reporting requirements until DEC has finalized the rule.
The rule is expected to address the specific product categories that are covered, what chemicals and supporting information must be disclosed, thresholds for reporting, provide details on how to obtain a waiver from reporting or the sales prohibition, and the fees associated with reporting and applying for a waiver.
Sale Prohibition
The law also prohibits the sale of children's products containing intentionally added benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate. The sales prohibition went into effect January 1, 2023.
Outreach Information and Request for Public Input
DEC has held three virtual public meetings to present and discuss the topics that will be included in the rule. Videos of all three meetings are available at the links below.
May 26, 2021: During this meeting, DEC presented topics including the reporting process, sales prohibition, notice to retailers, and the early development of the Chemicals of Concern and High Priority Chemicals lists. A recording of the meeting is available for review.
September 15, 2021: DEC held a second virtual public meeting to present and discuss the chemicals under consideration for listing as Chemicals of Concern and High Priority Chemicals and their practical quantitation limits. At this stage, DEC suggested about 200 chemicals and chemical groups for inclusion on the list of Chemicals of Concern. DEC also presented updates to topics from the previous public meeting based on comments received. A recording of the meeting is available for review.
February 16, 2023: DEC held a third virtual public meeting to present and discuss an expanded list of about 600 chemicals and chemical groups and potential reporting thresholds. A recording of this meeting is available for review.
