senate Bill S6729

Relates to the regulation of cadmium-added novelty consumer products

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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

  • 04 / Mar / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the regulation of cadmium-added novelty consumer products.

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Bill Details

See Assembly Version of this Bill:
A4822
Versions:
S6729
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 2 ยง27-0201, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1158, A2729, S2729, A1158
2009-2010: A3982, A9755B, A9755B
2007-2008: A1820

Sponsor Memo

BILL NUMBER:S6729

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to cadmium-added novelty consumer products

PURPOSE OF THE BILL: This bill would prohibit the sale of jewelry,
toys or ornaments to which cadmium has been added intentionally during
formulation or manufacturing.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Environmental Conservation Law by
adding a new title 2 to Article 27 that will:

* define "cadmium-added consumer novelty product" to mean a product
intended for personal use or adornment that contains cadmium in an
amount equal to or in excess of .0075 percent by weight.

* prohibit the sale, offer for sale or free distribution of
cadmium-added novelty consumer products after June 1, 2015; and,

* require a manufacturer that produces or sells cadmium-added novelty
products to notify retailers of such ban and inform them how to
properly dispose of the remaining inventory.

Section 2 of the bill creates and immediate effective date.

JUSTIFICATION: Cadmium is a metal that is inexpensive, malleable and
highly resistant to corrosion, making it desirable for use in plastics
as a stabilizer and in electroplating; however cadmium interferes with
how the body uses calcium and has been associated with harmful health
impacts including cancer and kidney disease.

An Associated Press story found high levels of cadmium in low priced
children's jewelry on sale in the United States. This legislation
would help protect the health and safety of children and consumers by
prohibiting the inclusion of cadmium in jewelry, toys and ornaments.

PRIOR LEGISLATIVE HISTORY: 2010 Assembly Bill 9755-B
(Sweeney)(Reported and Referred to Rules) 2011-2012 Assembly Bill
A1158 (Sweeney)(Passed)/S2729 (Fuschillo) 2013-2014 Assembly Bill
A4822 (Sweeney)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6729

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- 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,  in  relation  to
  cadmium-added novelty consumer products

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 2 to read as follows:
                                  TITLE 2
                 CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS
SECTION 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS.
S 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS.
  1. "CADMIUM-ADDED NOVELTY CONSUMER PRODUCT" MEANS A  PRODUCT  INTENDED
MAINLY  FOR PERSONAL USE OR ADORNMENT THAT CONTAINS CADMIUM IN AN AMOUNT
EQUAL TO OR IN EXCESS OF .0075 PER CENT BY WEIGHT.  CADMIUM-ADDED NOVEL-
TY CONSUMER PRODUCTS INCLUDE BUT ARE NOT LIMITED TO  JEWELRY,  TOYS  AND
ORNAMENTS.
  2.  ON AND AFTER JUNE 1, 2015, NO PERSON SHALL SELL, OFFER FOR SALE OR
DISTRIBUTE FREE OF CHARGE IN THE STATE ANY CADMIUM-ADDED NOVELTY CONSUM-
ER PRODUCT. A MANUFACTURER THAT PRODUCES  OR  THAT  SELLS  CADMIUM-ADDED
NOVELTY CONSUMER PRODUCTS SHALL NOTIFY RETAILERS THAT SELL SUCH PRODUCTS
ABOUT  THE PRODUCT BAN AND INFORM SUCH RETAILERS HOW TO PROPERLY DISPOSE
OF THE REMAINING INVENTORY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01417-01-3

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