N.Y. Environmental Conservation Law § 37-0903: Applicability

§ 37-0903. Applicability.

1. New children's products. The provisions of this title shall apply

to chemicals of concern and high-priority chemicals in children's

products sold or distributed as new and does not apply to used

children's products that are sold or distributed for free at secondhand

stores, yard sales, on the internet or donated to charities.

2. Exceptions. (a) The requirements of this title shall not apply to

high priority chemicals used in or for industry or manufacturing,

including chemicals processed or otherwise used in or for industrial or

manufacturing processes and not included in the final product.

(b) Combustion. The requirements of this title shall not apply to

high-priority chemicals generated solely as combustion by-products or

that are present in combustible fuels.

(c) Small business exception. The requirements of this title shall not

apply to children's product manufacturers that employ five persons or

fewer and are independently owned and operated.

(d) Retailers. A retailer is exempt from the requirements of this

title unless that retailer knowingly sells a children's product

containing a high-priority chemical after the effective date of its

prohibition for which that retailer has received notification pursuant

to section 37-0913 of this title.