NY State Senate Bill 2009-S782

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jan 15, 2009	referred to environmental conservation

2009-S782 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §§37-0113, 37-0115 & 71-3711, En Con L; add §399-gg, Gen Bus L

2009-S782 (ACTIVE) - Summary

Provides for more stringent control over the lead content of jewelry sold in New York state.

2009-S782 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S782

 TITLE OF BILL :
An act to amend the environmental conservation law and the general
business law, in relation to jewelry containing lead


 PURPOSE :
This bill would prohibit the distribution and sale of jewelry
containing lead, to reduce the hazards of exposure to lead, would
define testing methods for jewelry to determine compliance, would
impose penalties for violating the law and institute a new labeling
requirement for lead containing jewelry.

 SUMMARY OF PROVISIONS :
Section 1: Sets out legislative findings.
Section 2: Adds new section 37-0113 to the environmental conservation
law. This section defines body piercing jewelry; children; children's
jewelry; class 1 material; class 2 material; class 3 material; jewelry
components; EPA reference methods, jewelry and surface coating. This
section also sets the date on or after which restriction will be
placed on advertising, manufacturing, offering for sale, selling,
distributing for promotional purposes, or importing for distribution
or sale into this state, any jewelry that does not meet the standards
of safety based on the definitions above.
Section 3: Adds a new section 37-0115 to the Environmental

Conservation Law the defines testing methods for determining
compliance with section 37-0113.
Section 4: Adds new section 71-3711 to Environmental Conservation Law,
which establishes the enforcement provisions for section 37-0113. The
initial violation of this section would amount to a civil penalty not
to exceed $500. Any subsequent violation of this section would result
in a civil penalty not to exceed $2,500 for each violation. Penalties
would be assessed by the Commissioner of the Department of
Environmental Conservation after considering a variety of factors.
Any civil fine collected would be deposited in the Environmental
Protection Fund.  Any showing of excessive lead content must be done
by a laboratory meeting the testing requirement established under this
bill. Any person charged under this section of the law must be
provided with all the supporting documents related to the testing of
the jewelry.
Section 5: Amends the general business law to create a new section
399-gg that requires all jewelry sold contain a conspicuous notice
stating the percentage of lead in the jewelry. Also, any jewelry sold
containing more than .02 percent (two hundred parts per million) lead
by weight shall contain a warning label, stating, "Contains lead which
may be harmful to your health. Not be used by children under the age
of six."
Section 6: Effective date.

 EXISTING LAW :
None.

 JUSTIFICATION :
Lead is a neurotoxin that is particularly hazardous to young children.
Exposures to even very low levels of lead can cause brain function
impairment. No level of lead exposure has been found to be safe for a
developing child. High concentrations of lead have been consistently
found in jewelry, particularly inexpensive jewelry that is marketed to
children. Numerous random samples of jewelry sold in New York State
have been found to contain very high lead content (up to 60,000 parts
per million) in recent tests. It is the purpose of this legislation to
reduce the significant risk of lead exposure, particularly to
children, by limiting the availability of lead containing jewelry.


This legislation has been redrafted to meet the issues pointed out in
the veto message for a similar bill which passed both houses in 2007.
The Governor seemed to be concerned that the enforcement mechanisms be
improved and that retailers be prevented from using ignorance as a
defense to selling a toxic piece of jewelry. In an effort to meet
these concerns, the "knowing and intentional" requirements have been
removed from penalty section of the bill and a new labeling'
requirement has been added to insure that manufacturers explicitly
state the lead content of a particular piece of jewelry.
Additionally, patterned after the California Law this new bill
includes factors for the Commissioner to consider when levying
penalties including the good faith of the violator.

If signed into law, this bill would be an important measure in
protecting the health and safety of our most valuable resource our
children.

 LEGISLATIVE HISTORY :
Similar bill, S.5784, vetoed 2007.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately; except that section 5 of the act shall take effect March
1, 2010.

2009-S782 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   782

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the general busi-
  ness law, in relation to jewelry containing lead

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
stringent controls on the amount of lead in  jewelry  are  necessary  to
protect  public  health,  especially  the  health  of children.   Random
samples of jewelry in New York state have been found to  contain  up  to
60,000  parts  per  million of lead. To assure consistent application of
these controls to all jewelry, specific technical standards and controls
must be specified.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 37-0113 to read as follows:
S 37-0113. LEAD-CONTAINING JEWELRY.
  FOR  PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING TERMS SHALL HAVE THE
FOLLOWING DEFINITIONS: 1. "BODY PIERCING  JEWELRY"  MEANS  ANY  PART  OF
JEWELRY  THAT IS MANUFACTURED OR SOLD FOR PLACEMENT IN A NEW PIERCING OR
A MUCOUS MEMBRANE, BUT DOES NOT INCLUDE ANY PART OF THAT JEWELRY THAT IS
NOT PLACED WITHIN A NEW PIERCING OR A MUCOUS MEMBRANE.
  2. "CHILDREN" MEANS CHILDREN AGED SIX AND YOUNGER.
  3. "CHILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR,  MARKETED  FOR
USE  BY,  OR  MARKETED TO, CHILDREN. CHILDREN'S JEWELRY INCLUDES, BUT IS
NOT LIMITED TO, JEWELRY THAT MEETS ANY OF THE FOLLOWING CONDITIONS:
  (A) REPRESENTED IN ITS PACKAGING, DISPLAY, OR ADVERTISING,  AS  APPRO-
PRIATE FOR USE BY CHILDREN.
  (B)  SOLD  IN CONJUNCTION WITH, ATTACHED TO, OR PACKAGED TOGETHER WITH
OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR ADVERTISED AS  APPROPRI-
ATE FOR USE BY CHILDREN.
  (C) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02468-01-9

S. 782                              2

  (D) SOLD IN ANY OF THE FOLLOWING:
  (1) A VENDING MACHINE.
  (2)  RETAIL  STORE,  CATALOGUE,  OR ONLINE WEB SITE, IN WHICH A PERSON
EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE  PACKAGED,  DISPLAYED,  OR
ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
  (3)  A  DISCRETE  PORTION  OF A RETAIL STORE, CATALOGUE, OR ONLINE WEB
SITE, IN WHICH A PERSON OFFERS FOR  SALE  PRODUCTS  THAT  ARE  PACKAGED,
DISPLAYED, OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
  4. "CLASS 1 MATERIAL" MEANS ANY OF THE FOLLOWING MATERIALS:
  (A) STAINLESS OR SURGICAL STEEL;
  (B) KARAT GOLD;
  (C) STERLING SILVER;
  (D) PLATINUM, PALLADIUM, IRIDIUM, RUTHENIUM, RHODIUM OR OSMIUM;
  (E) NATURAL OR CULTURED PEARLS;
  (F)  GLASS, CERAMIC, OR CRYSTAL DECORATIVE COMPONENTS, INCLUDING CAT'S
EYE, CUBIC ZIRCONIA, INCLUDING CUBIC ZIRCONIUM OR CZ,  RHINESTONES,  AND
CLOISONNE;
  (G) A GEMSTONE THAT IS CUT AND POLISHED FOR ORNAMENTAL PURPOSES;
  (H)  ELASTIC,  FABRIC,  RIBBON,  ROPE,  OR  STRING, UNLESS IT CONTAINS
INTENTIONALLY ADDED LEAD AND IS LISTED AS A CLASS 2 MATERIAL;
  (I) ALL NATURAL DECORATIVE MATERIAL,  INCLUDING  AMBER,  BONE,  CORAL,
FEATHERS,  FUR, HORN, LEATHER, SHELL, WOOD, THAT IS IN ITS NATURAL STATE
AND IS NOT TREATED IN A WAY THAT ADDS LEAD; AND
  (J) ADHESIVE.
  (K) THE FOLLOWING GEMSTONES ARE  NOT  CLASS  1  MATERIALS:  ARAGONITE,
BAYLDONITE,  BOLEITE,  CERUSSITE, CROCOITE, EKANITE, LINARITE, MIMETITE,
PHOSGENITE, SAMARSKITE, VANADINITE, AND WULFENITE.
  5. "CLASS 2 MATERIAL" MEANS ANY OF THE FOLLOWING MATERIALS:
  (A) ELECTROPLATED METAL THAT MEETS THE FOLLOWING STANDARDS:
  (1) ON AND BEFORE AUGUST 30, 2012, A METAL ALLOY WITH  LESS  THAN  TEN
PERCENT  LEAD  BY  WEIGHT  THAT IS ELECTROPLATED WITH SUITABLE UNDER AND
FINISH COATS.
  (2) ON AND AFTER AUGUST 31, 2012, A METAL ALLOY  WITH  LESS  THAN  SIX
PERCENT  LEAD  BY  WEIGHT  THAT IS ELECTROPLATED WITH SUITABLE UNDER AND
FINISH COATS; OR
  (B) UNPLATED METAL WITH LESS THAN 1.5 PERCENT LEAD THAT IS NOT  OTHER-
WISE LISTED AS A CLASS 1 MATERIAL; OR
  (C)  PLASTIC  OR RUBBER, INCLUDING ACRYLIC, POLYSTYRENE, PLASTIC BEADS
AND STONES, AND POLYVINYL CHLORIDE (PVC) THAT MEETS THE FOLLOWING STAND-
ARDS:
  (1) ON AND BEFORE AUGUST 30, 2012, LESS THAN 0.06 PERCENT (SIX HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT; AND
  (2) ON AND AFTER AUGUST 31, 2012, LESS THAN 0.02 PERCENT (TWO  HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT; OR
  (D)  A  DYE  OR SURFACE COATING CONTAINING LESS THAN 0.06 PERCENT (SIX
HUNDRED PARTS PER MILLION) LEAD BY WEIGHT.
  6. "CLASS 3 MATERIAL" MEANS ANY PORTION OF JEWELRY THAT MEETS BOTH  OF
THE FOLLOWING CRITERIA:
  (A) IS NOT A CLASS 1 OR CLASS 2 MATERIAL; AND
  (B)  CONTAINS  LESS  THAN 0.06 PERCENT (SIX HUNDRED PARTS PER MILLION)
LEAD BY WEIGHT.
  7. "COMPONENT" MEANS ANY PART OF JEWELRY.
  8. "EPA REFERENCE METHODS 3050B (ACID DIGESTION OF SEDIMENTS,  SLUDGES
AND  SOILS)  OR 3051 (MICROWAVE ASSISTED DIGESTION/SLUDGE, SOILS)" MEANS
THOSE TEST METHODS INCORPORATED BY  REFERENCE  IN  PARAGRAPH  ELEVEN  OF

S. 782                              3

SUBDIVISION  (A)  OF  SECTION  260.11 OF TITLE 40 OF THE CODE OF FEDERAL
REGULATIONS.
  9. "JEWELRY" MEANS:
  (A)  ANY  OF THE FOLLOWING ORNAMENTS WORN BY A PERSON:  AN ANKLET, ARM
CUFF, BRACELET, BROOCH, CHAIN, CROWN, CUFF LINK, DECORATED HAIR ACCESSO-
RIES, EARRING, NECKLACE, PIN, RING, OR BODY PIERCING JEWELRY; OR
  (B) ANY BEAD, CHAIN, LINK, PENDANT, OR  OTHER  COMPONENT  OF  SUCH  AN
ORNAMENT.
  10. (A) "SURFACE COATING" MEANS A FLUID, SEMIFLUID, OR OTHER MATERIAL,
WITH  OR  WITHOUT  A  SUSPENSION OF FINELY DIVIDED COLORING MATTER, THAT
CHANGES TO A SOLID FILM WHEN A THIN LAYER IS APPLIED TO A  METAL,  WOOD,
STONE, PAPER, LEATHER, CLOTH, PLASTIC, OR OTHER SURFACE.
  (B)  "SURFACE  COATING"  DOES NOT INCLUDE A PRINTING INK OR A MATERIAL
THAT ACTUALLY BECOMES A PART OF THE SUBSTRATE, INCLUDING, BUT NOT LIMIT-
ED TO, PIGMENT IN A PLASTIC ARTICLE, OR  A  MATERIAL  THAT  IS  ACTUALLY
BONDED TO THE SUBSTRATE, SUCH AS BY ELECTROPLATING OR CERAMIC GLAZING.
  11. ON OR AFTER MARCH 1, 2011, NO PERSON SHALL ADVERTISE, MANUFACTURE,
OFFER  FOR  SALE,  SELL,  OR DISTRIBUTE FOR PROMOTIONAL PURPOSES IN THIS
STATE, OR IMPORT FOR DISTRIBUTION OR SALE IN  THIS  STATE,  ANY  JEWELRY
UNLESS  THE JEWELRY IS MADE ENTIRELY FROM A CLASS 1, CLASS 2, OR CLASS 3
MATERIAL, OR ANY COMBINATION THEREOF.
  12. NOTWITHSTANDING SUBDIVISION ELEVEN OF THIS SECTION,  ON  OR  AFTER
JANUARY 1, 2011, NO PERSON SHALL ADVERTISE, MANUFACTURE, OFFER FOR SALE,
SELL,  OR  DISTRIBUTE  FOR PROMOTIONAL PURPOSES IN THIS STATE, OR IMPORT
FOR DISTRIBUTION OR SALE IN THIS STATE, ANY  CHILDREN'S  JEWELRY  UNLESS
THE  CHILDREN'S JEWELRY IS MADE ENTIRELY FROM ONE OR MORE OF THE FOLLOW-
ING MATERIALS:
  (A) A NONMETALLIC MATERIAL THAT IS A CLASS 1 MATERIAL;
  (B) A NONMETALLIC MATERIAL THAT IS A CLASS 2 MATERIAL;
  (C) A METALLIC MATERIAL THAT IS EITHER A CLASS 1 MATERIAL OR  CONTAINS
LESS THAN 0.06 PERCENT (SIX HUNDRED PARTS PER MILLION) LEAD BY WEIGHT;
  (D) GLASS OR CRYSTAL DECORATIVE COMPONENTS THAT WEIGH IN TOTAL NO MORE
THAN  ONE GRAM, EXCLUDING ANY GLASS OR CRYSTAL DECORATIVE COMPONENT THAT
CONTAINS LESS THAN 0.02 PERCENT (TWO HUNDRED PARTS PER MILLION) LEAD  BY
WEIGHT AND HAS NO INTENTIONALLY ADDED LEAD;
  (E) PRINTING INK OR CERAMIC GLAZE THAT CONTAINS LESS THAN 0.06 PERCENT
(SIX HUNDRED PARTS PER MILLION) LEAD BY WEIGHT; OR
  (F) CLASS 3 MATERIAL THAT CONTAINS LESS THAN 0.02 PERCENT (TWO HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT.
  13.  NOTWITHSTANDING SUBDIVISION 11 OF THIS SECTION, ON OR AFTER MARCH
1, 2011, NO PERSON SHALL ADVERTISE, MANUFACTURE, OFFER FOR  SALE,  SELL,
OR  DISTRIBUTE  FOR  PROMOTIONAL  PURPOSES  IN THIS STATE, OR IMPORT FOR
DISTRIBUTION OR SALE IN THIS STATE, ANY BODY PIERCING JEWELRY UNLESS THE
BODY PIERCING JEWELRY IS MADE OF ONE OR MORE OF THE FOLLOWING MATERIALS:
SURGICAL IMPLANT STAINLESS STEEL, SURGICAL IMPLANT  GRADE  OF  TITANIUM,
NIOBIUM (NB), SOLID FOURTEEN KARAT OR HIGHER WHITE OR YELLOW NICKEL-FREE
GOLD,  SOLID  PLATINUM,  OR A DENSE LOW-POROSITY PLASTIC, INCLUDING, BUT
NOT LIMITED TO, TYGON OR POLYTETRAFLUOROETHYLENE (PTFE), IF THE  PLASTIC
CONTAINS NO INTENTIONALLY ADDED LEAD.
  S  3.  The  environmental  conservation law is amended by adding a new
section 37-0115 to read as follows:
S 37-0115. TESTING  METHODS  FOR  DETERMINING  COMPLIANCE  WITH  SECTION
             37-0113.
  1. THE TESTING METHODS FOR DETERMINING COMPLIANCE WITH SECTION 37-0113
OF  THIS  TITLE SHALL BE CONDUCTED USING THE EPA REFERENCE METHODS 3050B
OR 3051 FOR THE MATERIAL BEING TESTED, EXCEPT AS OTHERWISE  PROVIDED  IN

S. 782                              4

SUBPARAGRAPHS 5 AND 6 OF PARAGRAPH (E) OF SUBDIVISION 2 OF THIS SECTION,
AND IN ACCORDANCE WITH ALL OF THE FOLLOWING PROCEDURES:
  (A) WHEN PREPARING A SAMPLE, THE LABORATORY SHALL MAKE EVERY EFFORT TO
ASSURE THAT THE SAMPLE REMOVED FROM A JEWELRY PIECE IS REPRESENTATIVE OF
THE COMPONENT TO BE TESTED, AND IS FREE OF CONTAMINATION FROM EXTRANEOUS
DIRT AND MATERIAL NOT RELATED TO THE JEWELRY COMPONENT TO BE TESTED.
  (B)  ALL  JEWELRY  COMPONENT  SAMPLES SHALL BE WASHED PRIOR TO TESTING
USING STANDARD LABORATORY  DETERGENT,  RINSED  WITH  LABORATORY  REAGENT
GRADE DEIONIZED WATER, AND DRIED IN A CLEAN AMBIENT ENVIRONMENT.
  (C)  IF  A  COMPONENT  IS  REQUIRED  TO  BE CUT OR SCRAPED TO OBTAIN A
SAMPLE, THE METAL SNIPS, SCISSORS, OR OTHER CUTTING TOOLS USED  FOR  THE
CUTTING  OR  SCRAPING  SHALL  BE  MADE OF STAINLESS STEEL AND WASHED AND
RINSED BEFORE EACH USE AND BETWEEN SAMPLES.
  (D) A SAMPLE SHALL BE DIGESTED IN A CONTAINER THAT IS KNOWN TO BE FREE
OF LEAD AND WITH THE USE OF AN ACID THAT IS NOT  CONTAMINATED  BY  LEAD,
INCLUDING  ANALYTICAL  REAGENT  GRADE  DIGESTION ACIDS AND REAGENT GRADE
DEIONIZED WATER.
  (E) METHOD BLANKS, CONSISTING OF ALL REAGENTS USED IN SAMPLE  PREPARA-
TION  HANDLED, DIGESTED, AND MADE TO VOLUME IN THE SAME EXACT MANNER AND
IN THE SAME CONTAINER TYPE AS SAMPLES, SHALL BE TESTED WITH  EACH  GROUP
OF TWENTY OR FEWER SAMPLES TESTED.
  (F)  THE  RESULTS  FOR  THE  METHOD BLANKS SHALL BE REPORTED WITH EACH
GROUP OF SAMPLE RESULTS, AND SHALL BE BELOW THE STATED  REPORTING  LIMIT
FOR SAMPLE RESULTS TO BE CONSIDERED VALID.
  2.  IN  ADDITION TO THE REQUIREMENTS OF SUBDIVISION 1 OF THIS SECTION,
THE FOLLOWING  PROCEDURES SHALL BE USED FOR TESTING THE FOLLOWING  MATE-
RIALS:
  (A)  FOR  TESTING  A  METAL PLATED WITH SUITABLE UNDERCOATS AND FINISH
COATS, THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
  (1) DIGESTION SHALL BE CONDUCTED USING HOT  CONCENTRATED  NITRIC  ACID
WITH THE OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
  (2) THE SAMPLE SIZE SHALL BE 0.050 GRAM TO ONE GRAM.
  (3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
  (4)  THE  DIGESTION  AND  ANALYSIS  SHALL ACHIEVE A REPORTED DETECTION
LIMIT NO GREATER THAN 0.1 PERCENT FOR SAMPLES.
  (5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT  MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
  (B)  FOR  TESTING  UNPLATED  METAL AND METAL SUBSTRATES THAT ARE NOT A
CLASS 1 MATERIAL THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
  (1) DIGESTION SHALL BE CONDUCTED USING HOT  CONCENTRATED  NITRIC  ACID
WITH THE OPTION OF USING HYDROCHLORIC ACID AND HYDROGEN PEROXIDE.
  (2) THE SAMPLE SIZE SHALL BE 0.050 GRAM TO ONE GRAM.
  (3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
  (4)  THE  DIGESTION  AND  ANALYSIS  SHALL ACHIEVE A REPORTED DETECTION
LIMIT NO GREATER THAN 0.01 PERCENT FOR SAMPLES.
  (5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT  MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
  (C)  FOR  TESTING  POLYVINYL  CHLORIDE  (PVC), THE FOLLOWING PROTOCOLS
SHALL BE OBSERVED:
  (1) THE DIGESTION SHALL BE CONDUCTED  USING  HOT  CONCENTRATED  NITRIC
ACID WITH THE OPTION OF USING HYDROCHLORIC ACID AND HYDROGEN PEROXIDE.
  (2) THE SAMPLE SIZE SHALL BE A MINIMUM OF 0.05 GRAM IF USING MICROWAVE
DIGESTION  OR 0.5 GRAM IF USING HOTPLATE DIGESTION, AND SHALL BE CHOPPED
OR COMMINUTED PRIOR TO DIGESTION.
  (3) DIGESTED SAMPLES MAY REQUIRE DILUTION PRIOR TO ANALYSIS.

S. 782                              5

  (4) DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION LIMIT NO
GREATER THAN  0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
  (5)  ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
  (D) FOR TESTING PLASTIC OR  RUBBER  THAT  IS  NOT  POLYVINYL  CHLORIDE
(PVC), INCLUDING ACRYLIC, POLYSTYRENE, PLASTIC BEADS, OR PLASTIC STONES,
THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
  (1)  THE  DIGESTION  SHALL  BE CONDUCTED USING HOT CONCENTRATED NITRIC
ACID WITH THE OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
  (2) THE SAMPLE SIZE SHALL BE A MINIMUM OF 0.05 GRAM IF USING MICROWAVE
DIGESTION OR 0.5 GRAM IF USING HOTPLATE DIGESTION, AND SHALL BE  CHOPPED
OR COMMINUTED PRIOR TO DIGESTION.
  (3) PLASTIC BEADS OR STONES SHALL BE CRUSHED PRIOR TO DIGESTION.
  (4) DIGESTED SAMPLES MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
  (5) DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION LIMIT NO
GREATER THAN 0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
  (6)  ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
  (E) FOR TESTING COATINGS ON GLASS AND PLASTIC  PEARLS,  THE  FOLLOWING
PROTOCOLS SHALL BE OBSERVED:
  (1)  THE  COATING  OF  GLASS  OR PLASTIC BEADS SHALL BE SCRAPED ONTO A
SURFACE FREE OF DUST, INCLUDING A CLEAN WEIGHING PAPER OR PAN,  USING  A
CLEAN  STAINLESS  STEEL RAZOR BLADE OR OTHER CLEAN SHARP INSTRUMENT THAT
WILL NOT CONTAMINATE THE SAMPLE WITH LEAD. THE SUBSTRATE PEARL  MATERIAL
SHALL NOT BE INCLUDED IN THE SCRAPINGS.
  (2) THE RAZOR BLADE OR SHARP INSTRUMENT SHALL BE RINSED WITH DEIONIZED
WATER,  WIPED  TO  REMOVE  PARTICULATE  MATTER,  RINSED AGAIN, AND DRIED
BETWEEN SAMPLES.
  (3) THE SCRAPINGS SHALL BE WEIGHED AND NOT LESS THAN FIFTY  MICROGRAMS
OF SCRAPED COATING SHALL BE USED FOR ANALYSIS. IF LESS THAN FIFTY MICRO-
GRAMS  OF SCRAPED COATING IS OBTAINED FROM AN INDIVIDUAL PEARL, MULTIPLE
PEARLS FROM THAT SAMPLE SHALL BE SCRAPED  AND  COMPOSITED  TO  OBTAIN  A
SUFFICIENT SAMPLE AMOUNT.
  (4) THE NUMBER OF PEARLS USED TO MAKE THE COMPOSITE SHALL BE NOTED.
  (5)  THE SCRAPINGS SHALL BE DIGESTED ACCORDING TO EPA REFERENCE METHOD
3050B OR 3051 OR AN EQUIVALENT PROCEDURE FOR HOT ACID DIGESTION IN PREP-
ARATION FOR TRACE LEAD ANALYSIS.
  (6) THE DIGESTATE SHALL BE DILUTED IN THE MINIMUM VOLUME PRACTICAL FOR
ANALYSIS.
  (7) THE DIGESTED SAMPLE SHALL BE ANALYZED ACCORDING  TO  SPECIFICATION
OF  AN APPROVED AND VALIDATED METHODOLOGY FOR INDUCTIVELY COUPLED PLASMA
MASS SPECTROMETRY.
  (8) A REPORTING LIMIT OF 0.001 PERCENT (TEN PARTS PER MILLION) IN  THE
COATING SHALL BE OBTAINED FOR THE ANALYSIS.
  (9) THE SAMPLE RESULT SHALL BE REPORTED WITHIN THE CALIBRATED RANGE OF
THE  INSTRUMENT.  IF THE INITIAL TEST OF THE SAMPLE IS ABOVE THE HIGHEST
CALIBRATION STANDARD, THE SAMPLE SHALL BE DILUTED AND REANALYZED  WITHIN
THE CALIBRATED RANGE OF THE INSTRUMENT.
  (F) FOR TESTING DYES, PAINTS, COATINGS, VARNISH, PRINTING INKS, CERAM-
IC  GLAZES,  GLASS, OR CRYSTAL, THE FOLLOWING TESTING PROTOCOLS SHALL BE
OBSERVED:
  (1) THE DIGESTION SHALL USE HOT  CONCENTRATED  NITRIC  ACID  WITH  THE
OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
  (2)  THE  SAMPLE  SIZE SHALL BE NOT LESS THAN 0.050 GRAM, AND SHALL BE
CHOPPED OR COMMINUTED PRIOR TO DIGESTION.
  (3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.

S. 782                              6

  (4) THE DIGESTION AND ANALYSIS  SHALL  ACHIEVE  A  REPORTED  DETECTION
LIMIT NO GREATER THAN 0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
  (5)  ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
  (G) FOR TESTING GLASS AND CRYSTAL  USED  IN  CHILDREN'S  JEWELRY,  THE
FOLLOWING TESTING PROTOCOLS FOR DETERMINING WEIGHT SHALL BE USED:
  (1)  A  COMPONENT  SHALL BE FREE OF ANY EXTRANEOUS MATERIAL, INCLUDING
ADHESIVE, BEFORE IT IS WEIGHED.
  (2) THE SCALE USED TO WEIGH A COMPONENT SHALL BE CALIBRATED IMMEDIATE-
LY BEFORE THE COMPONENTS ARE WEIGHED USING S-CLASS WEIGHTS  OF  ONE  AND
TWO GRAMS, AS CERTIFIED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY (NIST) OF THE DEPARTMENT OF COMMERCE.
  (3)  THE  CALIBRATION  OF  THE  SCALE SHALL BE ACCURATE TO WITHIN 0.01
GRAM.
  3. THE COMMISSIONER MAY PROMULGATE RULES AND/OR REGULATIONS  MODIFYING
THE  TESTING  PROTOCOLS  SPECIFIED  IN  SUBDIVISIONS ONE AND TWO OF THIS
SECTION, AS SUCH COMMISSIONER DEEMS NECESSARY TO FURTHER THE PURPOSES OF
THIS SECTION.
  S 4. The environmental conservation law is amended  by  adding  a  new
section 71-3711 to read as follows:
S 71-3711. ENFORCEMENT OF SECTION 37-0113.
  1.  ANY  PERSON  WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY
DUTY IMPOSED BY SECTION 37-0113 OF THIS CHAPTER  SHALL  UPON  THE  FIRST
FINDING OF SUCH A VIOLATION BE LIABLE FOR A CIVIL PENALTY NOT TO  EXCEED
FIVE  HUNDRED  DOLLARS  FOR  EACH  VIOLATION.  ANY PERSON CONVICTED OF A
SECOND OR SUBSEQUENT VIOLATION SHALL BE LIABLE FOR A CIVIL  PENALTY  NOT
TO EXCEED TWENTY-FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
  2.  PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
AFTER A HEARING PURSUANT TO THE PROVISIONS OF SECTION  71-1709  OF  THIS
ARTICLE.  IN  ASSESSING THE PENALTY UNDER THIS SECTION, THE COMMISSIONER
SHALL CONSIDER: THE NATURE AND EXTENT OF THE VIOLATION; THE  NUMBER  AND
SEVERITY  OF  THE  VIOLATIONS; THE ECONOMIC EFFECT OF THE PENALTY ON THE
VIOLATOR; WHETHER THE VIOLATOR TOOK GOOD FAITH MEASURES TO  COMPLY  WITH
THIS  CHAPTER;  THE WILLFULNESS OF THE VIOLATOR'S MISCONDUCT; THE DETER-
RENT EFFECT THAT THE IMPOSITION OF THE PENALTY WOULD HAVE  ON  BOTH  THE
VIOLATOR  AND THE REGULATED COMMUNITY AS A WHOLE; AND OTHER FACTORS THAT
THE COMMISSIONER DEEMS APPROPRIATE AND RELEVANT.   ANY PERSON  FOUND  TO
HAVE  VIOLATED  SECTION  37-0113  OF  THIS  CHAPTER MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION.
  3. ALL CIVIL PENALTIES  AND  FINES  COLLECTED  FOR  ANY  VIOLATION  OF
SECTION  37-0113  OF THIS CHAPTER SHALL BE PAID OVER TO THE COMMISSIONER
FOR DEPOSIT IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY  SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
  4.  (A)  NO  CHARGE OF A VIOLATION OF THE PROVISIONS OF, OR FAILURE TO
PERFORM A DUTY IMPOSED BY SECTION 37-0113 OF THIS CHAPTER SHALL BE BASED
UPON EXCESSIVE LEAD CONTENT EXCEPT UPON A SHOWING  THAT  THE  LABORATORY
TESTS ESTABLISHING SUCH EXCESSIVE LEAD CONTENT WERE PERFORMED BY A LABO-
RATORY  THAT  COMPLIES  WITH  THE  TESTING  REQUIREMENTS  ESTABLISHED BY
SECTION 37-0115 OF THIS CHAPTER.
  (B) A PERSON CHARGED WITH A VIOLATION OF THE PROVISIONS OF, OR FAILURE
TO PERFORM A DUTY IMPOSED BY SECTION 37-0113 OF THIS  CHAPTER  SHALL  BE
PROVIDED WITH ALL SUPPORTING DOCUMENTATION RELATED TO THE TESTING OF THE
JEWELRY,  INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION OF THE PROCEDURES
UTILIZED BY THE LABORATORY, COPIES OF ALL TEST RESULTS, EXEMPLARS OF THE
PRODUCTS TESTED TO THE EXTENT PRACTICABLE, AND SUCH OTHER  DOCUMENTATION

S. 782                              7

AND  EVIDENCE  WHICH SHALL REASONABLY BE REQUIRED TO VERIFY THE ACCURACY
OF THE TEST RESULTS.
  S  5. The general business law is amended by adding a new section 399-
gg to read as follows:
  S 399-GG. LABELING OF JEWELRY. 1. NO PERSON, FIRM OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY JEWELRY, AS DEFINED BY SECTION 37-0113 OF THE
ENVIRONMENTAL CONSERVATION LAW, UNLESS THERE IS PRINTED ON  THE  PACKAGE
IN  WHICH  SUCH JEWELRY IS SOLD OR OFFERED FOR SALE A CONSPICUOUS NOTICE
STATING THE PERCENTAGE OF LEAD CONTAINED IN SUCH  JEWELRY.  ANY  JEWELRY
CONTAINING  MORE  THAN 0.02 PERCENT (TWO HUNDRED PARTS PER MILLION) LEAD
BY WEIGHT SHALL CONTAIN A WARNING LABEL,  PROMINENTLY  DISPLAYED,  WHICH
STATES,  "CONTAINS  LEAD  WHICH MAY BE HARMFUL TO YOUR HEALTH. NOT TO BE
USED BY CHILDREN UNDER THE AGE OF SIX."
  2. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
  S 6. This act shall take effect immediately;  provided,  however  that
section five of this act shall take effect March 1, 2011.

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Senate Bill S782

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S782 (ACTIVE) - Details

2009-S782 (ACTIVE) - Summary

2009-S782 (ACTIVE) - Sponsor Memo

2009-S782 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S782

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Sponsored By

James S. Alesi

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S782 (ACTIVE) - Details

2009-S782 (ACTIVE) - Summary

2009-S782 (ACTIVE) - Sponsor Memo

2009-S782 (ACTIVE) - Bill Text download pdf

Comments