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:
CHILDREN
A person or persons aged 12 and under.
CHILDREN'S APPAREL
Any item of clothing that consists of fabric or related material
intended or promoted for use in children's clothing.
CHILDREN'S PRODUCT
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.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business of any kind.
PPM
Parts per million total content.
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.