The Commissioner of Health has promulgated the “Toxic Free Toys Act”, Local Law no. 1 which regulates certain chemicals in toys and children’s products (including children’s apparel) that are sold in Albany County, New York.
The chemical restrictions for products and apparel within the scope of Local Law No. 1 are preempted by federal law, which includes the Consumer Product Safety Act (CSPA) and Federal Hazardous Substances Act (FHSA), or any other applicable federal law/and or policy.
The following are the Chemical restrictions for Children’s Products and Children’s Apparel not covered by federal legislation:
|Restricted Elements||Total Limit (ppm)||Soluble Limit (ppm)|
|Lead (surface coatings)||90||90|
Albany County Department of Health Definitions:
? Children’s product: A toy or other article, primarily intended for use by children aged 12 and under.
? Children’s apparel: Any item of clothing that consists of fabric or related material intended or promoted for use in children’s clothing.
? Used Children’s Products and Children’s Apparel.
? Children’s Products and Children’s Apparel sold exclusively on the internet.
? Protective sporting equipment designed to prevent injury.
? Batteries, Consumer electronics or electronic components, paper products, drug, biologic, medical device and food or food additives regulated by the FDA.
Attestation of Compliance: Certificate required annually by person selling or offering for sale. Link to the form is below. This is required 30 days after November 1, 2017.