senate Bill S3947

Amended

Regulates heavy metals, magnets and batteries 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

  • 28 / Feb / 2013
    • REFERRED TO HEALTH
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO CONSUMER PROTECTION
  • 20 / May / 2013
    • 1ST REPORT CAL.621
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 09 / Jan / 2014
    • PRINT NUMBER 3947A
  • 27 / Feb / 2014
    • 1ST REPORT CAL.204
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 23 / Jun / 2014
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION

Summary

Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

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Bill Details

Versions:
S3947
S3947A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง1376-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7715

Sponsor Memo

BILL NUMBER:S3947

TITLE OF BILL: An act to amend the public health law, in relation to
regulating heavy metals, magnets and batteries in children's jewelry;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE:; This bill would establish comprehensive safety requirements
for children's jewelry, including limits on cadmium in substrate of
children's jewelry, recently adopted by the internationally-recognized
standards organization, ASTM (American Society for Testing and
Materials) International. The standard has been endorsed by the U.S.
Consumer Product Safety Commission (CPSC), the federal agency that
administers federal laws concerning children's and other consumer
product safety, and is similar to safety requirements for toys.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Section 1376-b to the Public
Health Law entitled: the "Comprehensive Children's Jewelry Safety
Act."

Paragraph (a) of subdivision (1) thereof, defines "children's jewelry"
and sets forth certain exclusions therefrom.

Paragraph (b) of subdivision (1) thereof, defines "ASTM F 2923-11," as
the ASTM (American Society for Testing and Materials) International
Standard Specification for Consumer Product Safety for Children's
Jewelry.

Subdivision (2) thereof sets forth the requirement that all children's
jewelry manufactured, sold or distributed in the state after the
effective date of the Section shall meet the requirements of ASTM F
2923-11.

Section 2 of the bill adds the effective date.

JUSTIFICATION: This legislation would regulate heavy metals, magnets
and batteries in children's jewelry intended for children age 12 and
younger, consistent with the Consumer Product Safety Improvement Act
of 2008 (CPSIA), by incorporating by reference the comprehensive
requirements of the ASTM International F 2923-11 Standard
Specification for Consumer Product Safety for Children's jewelry, that
contains the following safety requirements:

(1) Limits on lead in paint/surface coatings and substrate, consistent
with the current requirements of the CPSIA.

(2) Migration limits for heavy metals (except lead) in paint and
surface coatings, identical to those in the ASTM F-963 toy safety
standard.

(3) A total content screening limit for cadmium in all metal
(including precious metal) and plastic components of jewelry, coupled
with migration standards for plastic or metal components that exceed
the screening limit, as recommended by CPSC. The migration tests vary


depending on whether potential exposures relate to possible
ingestion(in which-case acid extraction tests are required), or to
mouthing (in which case a simulated saliva test is required).

(4) Exemptions from the cadmium limits for other materials (crystal,
glass, gemstones, natural materials, etc.) given the absence of data
suggesting an exposure risk.

(5) Limits cn nickel migration, consistent with international jewelry
standards.

(6) Requirements for magnets and batteries in jewelry.

(7) Guidelines on identifying children's jewelry.

The ASTM International F 2923-11 Standard Specification for Consumer
Product Safety for Children's Jewelry was developed through a
stakeholder process that included representatives of the CPSC, testing
laboratories, consumer representatives, and industry members,
consistent with best available science on protecting children from
potential exposure risks. In particular, the cadmium limits were
developed at the express urging of the CPSC Chairman and staff in
light of its extensive testing of cadmium in jewelry, reflected in a
comprehensive technical report, Measuring Cadmium in Metal Jewelry,
October, 2010, available at:
http://www.cpsc.gov/LIBRARY/FOIA/FOTAll/osicadmiumjewelry.pdf.

This bill would adopt a comprehensive set of safety requirements for
children's jewelry, to control children's risk of exposure to
potentially hazardous levels of cadmium and other substances, and
would also impose new requirements for magnets and batteries in
children's jewelry. New York, as one of the centers of the U.S.
jewelry industry, would hopefully join Rhode island, as the second
state to adopt the federal standard for children's jewelry safety,
established under ASTM International F 2923-11 Standard Specification
for Consumer Product Safety for Children's Jewelry.

PRIOR LEGISLATIVE HISTORY: 2011-12 S7715 - Passed senate/A6758b
-Referred to Consumer Affairs & Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This Act shall take effect one hundred eighty days
(180) after it shall have become a law, and shall remain in effect
until a superseding federal standard for children's jewelry takes
effect.

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

                                  3947

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced by Sens. GRISANTI, O'BRIEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN  ACT  to amend the public health law, in relation to regulating heavy
  metals, magnets and batteries in children's jewelry; and providing for
  the repeal of such provisions upon expiration thereof

  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. COMPREHENSIVE CHILDREN'S  JEWELRY  SAFETY  ACT.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR 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:
  (I) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS;
  (II) ACCESSORIES;
  (III) APPAREL;
  (IV) FOOTWEAR; OR
  (V) ANY OTHER PRODUCT WHOSE PURPOSE IS PRIMARILY  FUNCTIONAL  AND  NOT
ORNAMENTAL.
  (B)  "ASTM F 2923-11" MEANS THE ASTM (AMERICAN SOCIETY FOR TESTING AND
MATERIALS) INTERNATIONAL STANDARD  SPECIFICATION  FOR  CONSUMER  PRODUCT
SAFETY  FOR  CHILDREN'S JEWELRY IN EFFECT ON JANUARY FIRST, TWO THOUSAND
THIRTEEN.
  2. REQUIREMENTS. ALL CHILDREN'S JEWELRY MANUFACTURED, SOLD OR DISTRIB-
UTED IN THE STATE SHALL MEET THE REQUIREMENTS OF ASTM F 2923-11.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall remain in effect until a supersed-
ing federal standard for children's jewelry takes effect when upon  such
date  this  act shall be deemed repealed; provided that the commissioner
of health shall notify the legislative bill drafting commission upon the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02885-02-3

S. 3947                             2

promulgation of any such superseding  federal  standard  for  children's
jewelry in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

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