[Adopted 1-7-2015 by L.L.
No. 1-2015; amended in its entirety 1-28-2016 by L.L. No. 1-2016]
The Legislature hereby finds and determines that there are chemicals
of high concern for the environment and human health, as have been
determined by many authoritative government bodies, including the
State of Maine, Article 38 MRSA Chapter 16-D, Toxic Chemicals in Children's
Products, as of September 1, 2011.
The Legislature finds that within this list of chemicals of
high concern, several are known to be toxic and carcinogenic, including,
benzene, lead, mercury, antimony, arsenic, cadmium, and cobalt.
This Legislature finds and determines that many common children's
products contain these toxic chemicals and known carcinogens.
The Legislature finds that exposure to benzene can cause harmful
effects to the blood and a decrease in red blood cells, and can cause
cancer in humans.
The Legislature finds that lead can contaminate drinking water
supplies and cause brain damage, hyperactivity, anemia, liver and
kidney damage, developmental delays, lowered IQ, poor impulse control,
and even death.
The Legislature finds that mercury can contaminate fish and
other wildlife and cause damage to brain development, impacts on cognitive
thinking, a decrease in fine motor and visual special skills and muscle
weakness.
The Legislature finds that antimony can cause respiratory and
cardiovascular damage, skin disorders and gastrointestinal disorders.
The Legislature finds that arsenic can cause skin lesions, cancer,
developmental delays, neurotoxicity, diabetes, cardiovascular disease
and lung cancer.
The Legislature finds that cobalt, while an essential element
as a constituent of vitamin B12, can cause cardiomyopathy and gastrointestinal
effects from chronic oral exposure.
The Legislature finds that cadmium can result in kidney disease,
bronchiolitis, emphysema and damage to the liver, lungs, bones, immune
system, blood and nervous system.
This Legislature further finds and determines that several states,
localities and the federal government are considering a ban on these
seven chemicals in children's products.
This Legislature finds that, in the absence of such federal
and New York State enacted laws, Albany County is committed to protecting
the environment and the public health and welfare of our County's
infants and children whose growing bodies are vulnerable to the health
hazards caused by these seven chemicals.
Therefore, the purpose of this article is to protect infants
and young children from their harmful health effects.
This article shall be known as the "Toxic Free Toys Act."
As used in this article, the following terms shall have the
meanings indicated:
A person or persons aged 12 and under.
Any item of clothing that consists of fabric or related material
intended or promoted for use in children's clothing.
Any product primarily intended for, made for or marketed
for use by children. "Children's product" does not mean batteries,
consumer electronics or electronic components, paper products or a
drug, biologic, medical device, food or food additive regulated by
the U.S. Food and Drug Administration.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business of any kind.
Parts per million total content.
A.
No person shall sell or offer for sale children's products or children's
apparel within the County of Albany that contain:
(1)
Benzene above 100 PPM;
(2)
Lead above 100 PPM of total lead content in accessible parts or above
90 PPM in paint or any similar surface coating;
(3)
Mercury above 60 PPM of total content per chemical;
(4)
Antimony above 60 PPM of total content per chemical;
(5)
Cadmium above 75 PPM of total cadmium content;
(6)
Arsenic above 25 PPM of total content per chemical; or
(7)
Cobalt above 40 PPM of total content per chemical.
B.
This shall not apply to used children's products that are sold or
distributed for free at secondhand stores, yard sales, on the internet
or donated to charities. This 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.
Whenever the Federal Government under the Consumer Product Safety
Improvement Act, the Federal Hazardous Substances Act or the Consumer
Product Safety Act has issued a final rule setting a children's product
safety standard prescribing any requirements as to the performance,
composition, contents, design finish, construction, packaging or labeling
that is in effect and enforceable and that applies to a risk of injury
associated with such children's product, including the presence of
a specific chemical in a children's product or the test methods required
to be used to determine conformance with the standard, the applicable
federal standard shall be used in lieu of the standards set forth
in this section for the specific chemical or product, unless the State
of New York or the County of Albany, as a political subdivision of
the state, obtains a ruling from the Consumer Product Safety Commission
that the standards established by the state or by the County in this
section are exempt pursuant to the Consumer Product Safety Act, Title
15, Chapter 47, Section 2075 from the requirement of identicality
with the federal standards.
This article shall be enforced by the Albany County Department
of Health in accordance with the provisions of the Albany County Charter
and Code.
The Commissioner of the Albany County Department of Health (the
"Commissioner") is hereby authorized and empowered to promulgate such
rules and regulations as he/she deems necessary to implement this
article. The Commissioner may exempt a children's product from this
prohibition if, in the Commissioner's judgment, the lack of availability
of the children's product could pose an unreasonable risk to public
health, safety or welfare.
Any person who knowingly violates the provisions of this article
(or reasonably should know that he/she is in violation of the provisions
of this article) shall be subject to an initial civil penalty of $500
per violation of the article and a penalty of $1,000 per each subsequent
violation.
This article shall apply to any and all actions occurring on
or after the effective date of Local Law No. 1-2015.
This article shall take effect July 1, 2016.
