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New York’s Rockland County Delays Enforcement of Toxic Free Toys Act

November 11, 2015

UNITED STATES - On October 26th, New York’s Rockland County and the Safe to Play Coalition entered into a stipulation which delays enforcement of the Toxic Free Toys Act through December 31st, 2015 to allow the County to amend the law or develop regulations to prevent litigation. This law states:  No person shall sell or offer for sale within the County of Rockland any children's products or children's apparel that contain benzene, lead, mercury, antimony, arsenic, cadmium, and cobalt within the County of Rockland.

This places Rockland County in a similar position to Albany County, New York, which is currently in litigation with the Safe to Play Coalition over allegations that its Toxic Free Toys Act violates the Supremacy Clause of the U.S. Constitution. Enforcement of the Albany bill has been halted pending an outcome in that lawsuit. Similar legislation in two other New York counties—Suffolk and Westchester—is expected to go into effect in 2016.