Toy Association Advocates Across States to Protect Play

October 13, 2020 | The Toy Association’s external affairs team has kept legislative and regulatory issues impacting the toy and play communities at the forefront throughout the ongoing pandemic. At the state level this year, the team has monitored more than a 1,000 pieces of legislation and acted on 100+ bills that would impact toy businesses.

The state affairs team continues to work on legislative measures in New Jersey and Massachusetts, monitor interim legislative activity on priority issues across the country, and actively work on regulatory issues in California, Connecticut, New York, Oregon, and Vermont. Key state regulatory updates include:

Vermont

The Vermont Department of Health has amended its Chemicals of High Concern in Children’s Products Rule, effective September 1, 2020. The final version of the amended rule can found here. The Toy Association is seeking clarification on the amendments impact on 2021 reporting.

New York

In late spring, the legislature passed new amendments to New York’s Toxic Chemicals in Children’s Products Act that could significantly impact toymakers. Under the Act, the New York Department of Environmental Conservation will review 77 chemicals as possible additions to a list of chemicals of concern that will be subject to reporting by manufacturers. The legislation also created a list of “high-priority chemicals,” some of which are subject to a sales prohibition. Effective January 1, 2023, no children’s product may contain tris, benzene, or asbestos when intentionally added.

The Toy Association expects the rulemaking phase to begin later this fall. In preparation, the Association has established a New York Working Group to work on issues related to the implementation of the Act. All Toy Association members are invited to join.

Oregon

The Oregon Health Authority is working to finalize the “Phase Three” Rule of the Toxic-Free Kids Act which implements the removal and substitution requirements for children’s product manufacturers that have been reporting any of the listed chemicals of concern. Removal or substitution of reported chemicals is required by January 2022 in the absence of a waiver or exemption. Once available, The Toy Association will share the Rule and develop guidance and other tools to assist members with compliance.

Members interested in learning more about The Toy Association’s advocacy initiatives at the state level may contact Jennifer Gibbons, vice president of state government affairs.