§ 37-0903 — Applicability

New York § 37-0903

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Toxic Chemicals In Children's Products
• Art. 37: Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment

Text

§ 37-0903. Applicability.\n 1. New children's products. The provisions of this title shall apply\nto chemicals of concern and high-priority chemicals in children's\nproducts sold or distributed as new and does not apply to used\nchildren's products that are sold or distributed for free at secondhand\nstores, yard sales, on the internet or donated to charities.\n 2. Exceptions. (a) The requirements of this title shall not apply to\nhigh priority chemicals used in or for industry or manufacturing,\nincluding chemicals processed or otherwise used in or for industrial or\nmanufacturing processes and not included in the final product.\n (b) Combustion. The requirements of this title shall not apply to\nhigh-priority chemicals generated solely as combustion by-products or\nthat are present in combustible fuels.\n (c) Small business exception. The requirements of this title shall not\napply to children's product manufacturers that employ five persons or\nfewer and are independently owned and operated.\n (d) Retailers. A retailer is exempt from the requirements of this\ntitle unless that retailer knowingly sells a children's product\ncontaining a high-priority chemical after the effective date of its\nprohibition for which that retailer has received notification pursuant\nto section 37-0913 of this title.\n