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By Lynn L. Bergeson and Carla N. Hutton
 
The New York State Department of Environmental Conservation (NYSDEC) will hold a virtual public meeting on September 15, 2021, on the toxic chemicals in children’s products law. NYSDEC will present the chemicals under consideration for listing as Chemicals of Concern and High Priority Chemicals and their practical quantification limits. NYSDEC will also re-present select topics from the May 26, 2021, public meeting, as some details have changed in response to feedback received. NYSDEC states that there will be time for stakeholders to discuss the information presented. Those who wish to attend the virtual public meeting must register. NYSDEC will record the meeting and post the recording afterward.
 
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 NYSDEC 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.
 
NYSDEC is in the process of developing a rule to implement portions of the law. According to NYSDEC, the rule is expected to address the specific product categories that are covered, what chemicals and supporting information must be disclosed, details on how to obtain a waiver from reporting or the sales prohibition, and the fees associated with reporting and applying for a waiver.


 

By Lynn L. Bergeson and Carla N. Hutton
 
The New York State Department of Environmental Conservation (NYSDEC) will hold a virtual public meeting on May 26, 2021, at 1:00 p.m. (EDT). NYSDEC will present topics for discussion related to implementation of the recently enacted law, which created ingredient disclosure requirements for children’s products.  Title 9 of Article 37 of the Environmental Conservation Law (ECL) establishes an ingredient disclosure program and prohibits certain chemicals in children’s products. ECL Article 37 instructs NYSDEC to promulgate lists of chemicals of concern and high-priority chemicals by March 1, 2022. It also prohibits the sale of children’s products containing benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate effective January 1, 2023. NYSDEC states that it is in the process of developing a rule to implement portions of the law. NYSDEC expects the rule to address the specific product categories that are covered, what chemicals and supporting information must be disclosed, details on how to obtain a waiver from reporting or the sales prohibition, and the fees associated with reporting and applying for a waiver. NYSDEC notes that it will hold a formal public comment period on the proposed rule at a later date. Stakeholders must register to attend the virtual public meeting.


 

By Lynn L. Bergeson and Carla N. Hutton
 
The New York State Department of Environmental Conservation (NYSDEC) will hold a public meeting on February 24, 2020, at 1 p.m. (EST) in Albany, New York, “to discuss amendments to the household cleansing product rules that are being considered for adoption.”  According to NYSDEC, amendments include specifying what information must be reported about covered products and their ingredients, how information should be shared with NYSDEC for the public record, the type of studies that must be reported, and how confidential business information (CBI) should be handled.  NYSDEC states that during the meeting, it “is looking for input on disclosure of nonfunctional ingredients, issues around confidential information, and how to disclose when a product’s formulation temporarily changes, as well as other regulatory concerns.”  Registration is required to attend the meeting.  NYSDEC notes that it “will hold a formal public comment period at a later date once it officially proposes the regulations.”
 
As reported in our September 4, 2019, blog item, on August 27, 2019, the State of New York Supreme Court invalidated the Household Cleansing Product Information Disclosure Program (Disclosure Program).  Information related to NYSDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning products to disclose information regarding the ingredients in those products is available here.  The court found that the Disclosure Program was established in violation of the State Administrative Procedure Act (SAPA) and the New York State Constitution.  In making this finding, the court held that the Program was a “rule” as argued by Petitioners and not “guidance” for which adherence to SAPA was not required, as argued by NYSDEC.  A more detailed analysis and commentary are available in our August 30, 2019, memorandum, “NY Department of Environmental Conservation Household Cleansing Product Information Disclosure Program Ruled ‘Null and Void.’


 

By Lynn L. Bergeson and Carla N. Hutton
 
On June 12, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced that it will delay enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program) from July 1, 2019, to January 1, 2020.  NYSDEC states in the June 12, 2019, Environmental Notice Bulletin that it will begin enforcing any violations of the required disclosure as of January 2, 2020.  According to the notice, NYSDEC “will continue to work with any manufacturers on the design of their websites, or entertain any questions regarding compliance with website design or safety data sheets.”  NYSDEC “remains committed to working with the manufacture[r]s to implement this program in the best manner possible.”
 
As reported in our January 14, 2019, memorandum, “NYDEC Delays for Three Months Enforcement of its Household Cleansing Product Information Disclosure Program,” on January 9, 2019, NYSDEC previously delayed enforcement of its Disclosure Program.  The Disclosure Program sets forth extensive requirements for manufacturers of certain consumer cleaning products to disclose information regarding the ingredients in those products.  Our June 7, 2018, memorandum, “New York Launches Disclosure Program Intended to Protect Consumers from Chemicals in Household Cleaning Products,” provides an in-depth review of important information from the Disclosure Program Certification Form and Program Policy, including covered products and definitions, information to be disclosed, and the lists of chemicals of concern covered by the Program.