In 1976 the federal government enacted the Toxic Substances Control Act (TSCA) with Congress finding "[A]dequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment and to take action with respect to chemical substances and mixtures which are imminent hazards…" Despite the passage of over 30 years, the significant growth in the number of new chemicals, and the development of new health information indicating that certain populations, such as children, are subject to additional risks from chemical exposure, TSCA has remained largely unchanged.

Laws governing children's products were modified when Congress passed the Consumer Product Safety Improvement Act of 2008 (CPSIA) that provided the Consumer Product Safety Commission with additional powers and included mandatory third party testing for certain children's products, standards for durable nursery products, and a prohibition on the sale of certain products containing specified phthalates.

An increasing number of states have begun their own chemical regulation programs. Some states, such as California, Maine and Washington, have adopted a regulatory framework in which all chemicals that meet certain health and environmental criteria are banned. Other states, including New York, have adopted a chemical-by-chemical approach, focusing primarily on children's products. New York has most recently prohibited the use of the chlorinated flame retardant TRIS (TCEP) in certain children's products. Assembly bill 3141 represents a departure from this approach and would apply the regulatory framework approach to products in New York.

This hearing is intended to solicit input on how best to regulate the use of chemicals in children's products in New York State. Such input should include a review of proposals already before the Assembly such as Assembly bill 3141.

Persons wishing to present pertinent testimony to the Committees at the above hearing should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation. Oral testimony will be limited to ten minutes' duration. In preparing the order of witnesses, the Committees will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to Committee staff as early as possible. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its 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 Assembly facilities and activities.

---

Persons wishing to present testimony at the public hearing on the regulation of chemicals in children's products are requested to complete this reply form as soon as possible and mail, email or fax it to: