Bill to ban toxins in toys awaits action by year's end
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Attorneys in Governor Andrew Cuomo’s office are plowing through a record number of bills passed by the legislature this year, and deciding which ones to sign, and which ones to veto. As Karen DeWitt reports, there are some measures that, while they have support, might not make it into law this year, including one that would outlaw some harmful chemicals in children’s toys.

This year, the newly Democratic controlled state legislature passed a record number of 900 plus bills. Since then, Governor Andrew Cuomo and his counsel’s office have been plowing through the fine print, deciding which ones to approve, which to reject and which ones might need some tweaks to make them actually carry out what the sponsors intended.

One that is still languishing is a measure known as the Child Safe Products Act. It would outlaw the sale of toys and other children’s, products like car seats and bedding, that can contain over 100 harmful and toxic substances.

Supporters, including Kate Kurera of Environmental Advocates of New York, say it’s a common sense bill.

“Asbestos and lead and formaldehyde just don’t belong in products that go into children’s mouths,” Kurera said.

She says the bill existed for 10 years in the legislature before Democrats gained control of both chambers and passed it unanimously last April. But it still has not been sent to the governor.

“We are certainly nervous that there could be a veto,” Kurera said

The chemical industry has successfully sued other states that have attempted to adopt similar laws, on the grounds that the restrictions are inconsistent with federal law.

A source in the Cuomo administration says they are seeking a chapter amendment because the bill is technically flawed, and would also outlaw chemicals that might be added for safety, like flame retardants, inserted into internal parts of toys that are inaccessible to children.

And a spokesman for the governor, Jason Conwall, says only that the toxic toys bill and other legislation remain “under review” by the Counsel’s Office and the Division of the Budget. He says they are “working to ensure the bills, as written, are responsible, enforceable and accomplish their intended purpose.”

Others measures were vetoed in recent days, including a bill to ban a type of pesticide, chlorpyrifos, that’s been linked to harmful health effects for children. The governor said the measure was technically flawed. But he instead ordered his Department of Environmental Conservation to ban the substance by 2021.

Another bill to regulate the hemp and CBD market in New York, was amended through an agreement with the legislature, and for now will leave off the details of how to regulate CBD infused food and beverages.

Cuomo officials say they hope to make it through most of the remaining 100 or so bills before the end of the year.