senate Bill S1928A

Relates to jewelry containing lead

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2012
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2012
    • PRINT NUMBER 1928A

Summary

Relates to jewelry containing lead.

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Bill Details

Versions:
S1928
S1928A
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §§37-0115, 37-0117, 71-3711, En Con L; add §399-gg, Gen Bus L

Sponsor Memo

BILL NUMBER:S1928A

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
2008 - Passed Senate (S.6635)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately; except that section 5 of the act shall take effect
March 1, 2014.

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

                                 1928--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 37-0115 to read as follows:
S 37-0115. 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 MANUFAC-
TURED 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06268-02-2

S. 1928--A                          2

  (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.
  (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, OR 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, 2015, 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, 2015, 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, 2015, LESS THAN 0.06 PERCENT (SIX HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT; AND
  (2) ON AND AFTER AUGUST 31, 2015, 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

S. 1928--A                          3

  (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
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, 2014, 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, 2014, 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, 2014, 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. 1928--A                          4

  S  3.  The  environmental  conservation law is amended by adding a new
section 37-0117 to read as follows:
S  37-0117. TESTING  METHODS  FOR  DETERMINING  COMPLIANCE  WITH SECTION
             37-0115.
  1. THE TESTING METHODS FOR DETERMINING COMPLIANCE WITH SECTION 37-0115
OF THIS TITLE SHALL BE CONDUCTED USING THE EPA REFERENCE  METHODS  3050B
OR  3051  FOR THE MATERIAL BEING TESTED, EXCEPT AS OTHERWISE PROVIDED IN
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:

S. 1928--A                          5

  (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.
  (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.

S. 1928--A                          6

  (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.
  (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 37-0115.
  1. ANY PERSON WHO VIOLATES ANY PROVISION OF OR FAILS  TO  PERFORM  ANY
DUTY  IMPOSED  BY  SECTION  37-0115 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 37-0115 OF  THIS  CHAPTER  MAY  BE  ENJOINED  FROM
CONTINUING SUCH VIOLATION.
  3.  ALL  CIVIL  PENALTIES  AND  FINES  COLLECTED  FOR ANY VIOLATION OF
SECTION 37-0115 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 37-0115 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-

S. 1928--A                          7

RATORY THAT  COMPLIES  WITH  THE  TESTING  REQUIREMENTS  ESTABLISHED  BY
SECTION 37-0117 OF THIS CHAPTER.
  (B) A PERSON CHARGED WITH A VIOLATION OF THE PROVISIONS OF, OR FAILURE
TO  PERFORM  A  DUTY IMPOSED BY SECTION 37-0115 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
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 37-0115 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, 2014.

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