senate Bill S4055A

Regulates cadmium in substrate in children's jewelry

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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

  • 15 / Mar / 2011
    • REFERRED TO HEALTH
  • 07 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 07 / Jun / 2011
    • PRINT NUMBER 4055A
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1310
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 29 / Feb / 2012
    • 1ST REPORT CAL.237
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2012
    • PASSED SENATE
  • 06 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2012
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION

Summary

Regulates cadmium in substrate in children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

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Bill Details

Versions:
S4055
S4055A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง1376-b, Pub Health L

Sponsor Memo

BILL NUMBER:S4055A

TITLE OF BILL:

An act
to amend the public health law, in relation to regulating
cadmium in substrate of children's
jewelry

PURPOSE:

This bill would establish requirements for certain substances in
children's jewelry, consistent with best available science on
protecting children from potential exposure risks, recognizing that
total heavy metal content limits by weight are inconsistent with
available science.

SUMMARY OF PROVISIONS:

Section 1 of the bill defines "child," "children's jewelry,"
"jewelry," and contains exclusions from such definitions.

Also sets forth prohibitions in the manufacture of children's jewelry,
including the use of heavy metals in paint and surface coatings in
excess of certain levels prescribed therein as determined through
solubility testing defined in the ASTM International Safety
Specifications on Toy Safety, ASTM F-963 (formerly known as the
American Society for Testing and Materials); cadmium in plastic
components in excess of certain screening levels prescribed therein
as determined through solubility testing defined in EN-71-3 (the
European Union Standard that concerns the" safety of toys" and
specifies requirements for the migration of certain elements); and
cadmium in metal components in excess of certain screening levels
prescribed therein as determined through testing procedures approved
by the U.S. Consumer Product Safety Commission. Lead in children's
jewelry, toys and other children's products is separately regulated
under federal law.

Section 2 adds the effective date.

JUSTIFICATION:

The U.S. Consumer Product Safety Commission (CPSC) is the federal
agency that administers federal laws concerning children's and other
consumer products. The CPSC protects children and consumers in
general, from exposure to hazardous substances, such as cadmium and
other heavy metals in consumer products, under the Federal Hazardous
Substances Act (FHSA).

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This Act shall take effect one year after it shall have become a law,
and children's jewelry manufactured on or after such date shall
comply with the requirements of this Act.

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

                                 4055--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sens. ALESI, GRISANTI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the public health law, in relation to regulating cadmium
  in substrate of children's jewelry

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

  Section 1.  The public health law is amended by adding a  new  section
1376-b to read as follows:
  S  1376-B.  REGULATION  OF  CADMIUM IN CERTAIN SUBSTRATE COMPONENTS OF
CHILDREN'S JEWELRY. 1.  NO CHILDREN'S JEWELRY SHALL BE SOLD OR  DISTRIB-
UTED  IN  THE STATE THAT CONTAINS CADMIUM IN ACCESSIBLE METAL OR PLASTIC
SUBSTRATE COMPONENTS EXCEEDING THE LEVELS PRESCRIBED IN THIS SECTION.
  2. ACCESSIBLE PLASTIC OR METAL COMPONENTS OF CHILDREN'S  JEWELRY  THAT
EXCEED  A TOTAL CADMIUM CONTENT SCREENING LEVEL OF 300 PARTS PER MILLION
(PPM) SHALL MEET THE FOLLOWING MIGRATION LIMITS:
  (A) ACCESSIBLE PLASTIC COMPONENTS OF CHILDREN'S JEWELRY THAT ARE SMALL
PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 75 PPM CADMIUM, AS
DETERMINED THROUGH SOLUBILITY TESTING IN ACCORDANCE WITH EUROPEAN  UNION
STANDARD:  EN-71-3,  TOY  SAFETY  SPECIFICATION FOR MIGRATION OF CERTAIN
ELEMENTS.
  (B) ACCESSIBLE METAL COMPONENTS OF CHILDREN'S JEWELRY THAT  ARE  SMALL
PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 200 UG CADMIUM, AS
DETERMINED  THROUGH  SOLUBILITY TESTING IN ACCORDANCE WITH U.S. CONSUMER
PRODUCT SAFETY COMMISSION TEST METHOD: CPSCC-CH-E1004-11, STANDARD OPER-
ATING PROCEDURE FOR DETERMINING CADMIUM (CD) EXTRACTABILITY  FROM  CHIL-
DREN'S  METAL  JEWELRY,  APPLYING  AN INTER-LABORATORY CORRECTION FACTOR
CONSISTENT WITH EN-71-3.
  (C) ACCESSIBLE PLASTIC AND METAL COMPONENTS OF CHILDREN'S JEWELRY THAT
ARE NOT SMALL PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT  EXCEED  18

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10236-02-1

S. 4055--A                          2

UG  CADMIUM,  AS DETERMINED THROUGH SALINE EXTRACTION TESTING IN ACCORD-
ANCE  WITH  THE  U.S.  CONSUMER  PRODUCT  SAFETY   COMMISSION'S   SALINE
EXTRACTION PROCEDURE.
  3. THE MOST CURRENT DULY ADOPTED REFERENCED TEST METHOD SHALL BE USED.
ALTERNATIVE  TEST  METHODS MAY BE SUBSTITUTED IF SUCH METHODS ARE DEMON-
STRATED TO BE AS STRINGENT AS, OR MORE STRINGENT  THAN,  THE  REFERENCED
METHODS.
  4.  FOR  PURPOSES  OF  THIS  SECTION,  "CHILDREN'S JEWELRY" IS JEWELRY
DESIGNED AND INTENDED PRIMARILY FOR USE BY CHILDREN TWELVE YEARS OF  AGE
OR YOUNGER TO BE WORN AS AN ITEM OF PERSONAL ORNAMENTATION, AND DOES NOT
INCLUDE  (A) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS,
(B) ACCESSORIES, (C) APPAREL, (D) FOOTWEAR, OR  (E)  ANY  OTHER  PRODUCT
WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT ORNAMENTAL.
  S  2. This act shall take effect one year after it shall have become a
law, and shall apply only to accessible plastic or metal  components  of
children's  jewelry  manufactured  on  and after such date, and shall be
preempted on the date a superseding  federal  standard  for  cadmium  in
children's jewelry takes effect.

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