[Adopted 6-16-2015 by L.L. No. 3-2015; amended in its entirety 12-15-2015 by L.L. No. 7-2015]
This article shall be known as "The Toxic Free Toys Act."
A.
Recent studies performed with the assistance of a hand-held X-ray
fluorescence analyzer have uncovered toxic and carcinogenic chemicals
in dolls, toy cars, toy trains, children's jewelry, and puzzles sold
in popular mall stores. These studies have precipitated demands for
recalls and raised great concern for parents and public officials
alike.
B.
Rockland County is committed to protecting the public health and
welfare of our infants and children, whose growing bodies are vulnerable
to health hazards. Common-sense regulations that ensure the health,
safety and well-being of our children are of paramount importance
to the people of the County of Rockland.
C.
Therefore, the purpose of this article is to protect the County's
infants and children from the harmful health effects of toxic and
carcinogenic chemicals, and to provide the County of Rockland with
powers to enforce existing federal laws and to assure the public that
children's products sold in the County are compliant with the law.
As used in this article, the following terms shall have the
meanings indicated:
A person or persons aged twelve (12) and under.
Any item of clothing that consists of fabric or related material
intended or promoted for use in children's clothing.
A product primarily intended for, made for, or marketed for
use by children, including, but not limited to: baby products; toys;
children's play cosmetics; school supplies; a product designed or
intended by the manufacturer to help a child with sucking or teething,
to induce sleep, relaxation, for the feeding of a child; children's
novelty products; children's jewelry; children's bedding, furniture,
and furnishings.
This term shall not include:
Batteries;
Consumer electronic products, including but not limited to personal
computers, audio and video equipment, calculators, wireless telephones,
game consoles, and handheld devices incorporating a video screen used
to access interactive software, and their associated peripherals;
A drug, supplement, product, soap, food or beverage or an additive
to a food or beverage regulated by the United States Food and Drug
Administration;
A drug, biologic, or medical device regulated by the United
States Food and Drug Administration; or
A pesticide product or other substance regulated by the United
States Environmental Protection Agency or registered by the Department
of Environmental Conservation.
The County of Rockland, New York.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity of business of any kind.
No person shall sell or offer for sale within the County of
Rockland any children's products or children's apparel that fails
to comply with § 396-k of the New York General Business
Law, the Federal Hazardous Substances Act or Consumer Product Safety
Act and applicable New York State or federal regulations, as may be
amended from time to time.
A.
The prohibitions in this article shall not apply to used children's
products or used children's apparel sold or distributed for free at
secondhand stores, yard sales, on the Internet or donated to charities.
B.
The prohibitions in this article shall also not apply to protective
sporting equipment designed to prevent injury, including but not limited
to helmets, athletic supporters, knee pads or elbow pads.
C.
If by clear and convincing evidence any person charged with violating
this article can demonstrate that the lack of availability of an allegedly
violative children's product or apparel could pose an unreasonable
risk to public health, safety or welfare, then the enforcement officer
may exempt that particular children's product or apparel that precipitated
a notice of violation.
Any person who violates the provisions of this article shall
be subject to the imposition by the Rockland County Office of Consumer
Protection of a civil penalty of $500 for an initial violation, and
$1,000 for each subsequent violation. No civil penalty shall be imposed
by the Rockland County Office of Consumer Protection as provided for
herein unless the alleged violator has received notice of the charge
against him or her and has had an opportunity to be heard pursuant
to the normal procedures of the Rockland County Office of Consumer
Protection. Prior to the imposition of the first civil penalty on
an alleged violator, the Rockland County Office of Consumer Protection
shall make a good-faith effort to issue a warning to the alleged violator
and shall make a good-faith effort to educate the alleged violator
about the provisions of this article. Pending adjudication, the Rockland
County Office of Consumer Protection may impound children's products
or children's apparel that is determined to violate this article,
if the enforcement officer reasonably suspects that such action would
carry out the intent of this article.
[Amended 8-5-2020 by L.L. No. 4-2020]
The Director of the Rockland County Office of Consumer Protection
("Director") is hereby authorized and empowered to promulgate such
rules and regulations as he or she deems necessary to implement this
article. The Director may exempt a children's product or children's
apparel from this prohibition if, in the Director's judgment, the
lack of availability of the children's product or children's apparel
could pose an unreasonable risk to public health, safety or welfare.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
Whenever the State of New York or the United States (under the
Consumer Product Safety Act, the Federal Hazardous Substances Act,
the Food, Drug and Cosmetics Act or any other applicable federal law)
has a final rule in effect with respect to a children's product safety
standard that relates to a specific hazard that preempts County or
local action, the New York State or United States standard shall preempt
this article.
This article shall take effect 30 days after it is filed with
the New York State Secretary of State.
