SUBJECT:

PURPOSE:

Several major toy manufacturers have issued significant recalls of children's toys in recent months, including the recall of toys coated with paints containing excessive levels of lead and toys containing magnets, which can become dislodged and, if found by a child, swallowed or aspirated.

This hearing will examine various toy safety issues, including the adequacy of the consumer product recall system and how the State can best protect children from hazardous toys. A number of bills have been introduced in the Committee on Consumer Affairs seeking to regulate the manufacture and sale of certain toys (A.332, A.333, A.472, and A.5614). Legislation related to consumer product recalls has also been introduced (A.8440 and A.6865).

Please see the reverse side for a list of questions in response to which witnesses may direct their testimony.

Oral testimony will be limited to ten minute durations. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements. Written testimony will also be accepted and may be sent to the contact persons listed on the reply form. In order to publicize the hearing further, please inform interested parties of the Committees' interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Senate and Assembly, in accordance with their policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Senate and Assembly facilities and activities.

SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

1. Is the current consumer product recall system effective? Does the current system adequately ensure that potentially hazardous recalled toys are removed from the marketplace and made unavailable to children?

2. To what extent are recalled products being sold at second-hand or thrift stores? What actions should the State take to ensure that recalled products are not sold at such stores?

3. Should New York State require the labeling of toys containing magnets, as proposed in Assembly bill 5614? What actions should the State take to protect children from potentially hazardous toys?

4. To what extent, if any, is New York State limited in its ability to regulate the manufacture and sale of toys by the Commerce Clause of the United States Constitution or federal law or regulation?

5. What actions have other States taken to protect children from hazardous toys? What actions have other States taken to ensure that consumers are notified of product recalls?

PUBLIC HEARING REPLY FORM

Persons interested in presenting testimony at the public hearing on Toy Safety to be held on November 1, 2007, or who wish to submit written testimony only, are requested to complete and return this reply form to:

Erin Cunningham
Assembly Committee on Consumer Affairs and Protection
Alfred E. Smith Office Building
80 South Swan St., Floor 22
Albany, New York 12248
Phone: (518) 455-4355
Fax: (518) 455-7250

I will address my remarks to the following subjects:

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