October 20, 2021

Volume XI, Number 293


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Comments due October 15, 2021, on Chemicals Being Considered for Listing under New York’s Toxic Chemicals in Children’s Products Regulations

The New York State Department of Environmental Conservation (NYS DEC) held a virtual public meeting on September 15, 2021, on its forthcoming regulations to implement the Toxic Chemicals in Children’s Products Law. New York’s Environmental Conservation Law (ECL) Article 37 Title 9 establishes an ingredient disclosure program and prohibits certain chemicals in children’s products. ECL Article 37 instructs NYS DEC to promulgate lists of chemicals of concern and high priority chemicals that must be disclosed if present in children's products by March 1, 2022. ECL Article 37 also prohibits the sale of children’s products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate effective January 1, 2023. NYS DEC has posted a list of chemicals under consideration and their practical quantification limits. The list includes the evidence that NYS DEC has identified to justify listing the chemicals. Comments may be submitted via e-mail to TCCPprogram@dec.ny.gov or via mail to:

Emily Dominiak
NYS DEC -- Division of Materials Management
625 Broadway
Albany, NY 12233-7252

Comments must be submitted by 5:00 p.m. (EDT) on October 15, 2021.

According to NYS DEC’s website, NYS DEC has made a recording of the September 15, 2021, meeting available for review. The website notes that NYS DEC “will hold a formal public comment period on the proposed rule at a later date, which will be published in the Environmental Notice Bulletin.”

©2021 Bergeson & Campbell, P.C.National Law Review, Volume XI, Number 259

About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether...

Carla Hutto, Bergeson Campbell PC environmental law regulatory analyst,Toxic Substances Control Act law attorney
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client...