NY State Senate Bill 2009-S6446

Senate Bill S6446

2009-2010 Legislative Session

Directs the commissioner of health to establish standards for the cadmium that children's jewelry may contain

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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 12, 2010	referred to health

2009-S6446 (ACTIVE) - Details

See Assembly Version of this Bill:: A9561
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1376-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5548
2013-2014: A5615
2015-2016: A6672

2009-S6446 (ACTIVE) - Summary

Directs the commissioner of health to establish standards for the cadmium that children's jewelry may contain.

2009-S6446 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6446

 TITLE OF BILL :
An act to amend the public health law, in relation to the sale of
children's jewelry containing cadmium


 PURPOSE :
To protect children from cadmium exposure through children's jewelry
products.

 SUMMARY OF PROVISIONS :
Section 1376-a of the Public Health Law, as amended by Chapter 485 of
the Laws of 1992 and subdivision 3 as added by Chapter 721 of the Laws
of 1993, is amended to define children and children's jewelry.  In
addition, in the absence of a federal standard, the Commissioner of
the Department of Health shall establish the maximum quantity of
cadmium for children's jewelry offered for sale as currently exists
for glazed ceramic tableware.

 EXISTING LAW :
New York State law does not specifically ban the use of cadmium in
children's jewelry

 JUSTIFICATION :
Disturbing information has recently emerged from an Associated Press

investigative report that Chinese manufacturers of children's jewelry
and toys have been substituting the heavy metal cadmium for lead in
inexpensive pendants and charm bracelets exported into the United
States marketplace. This change has undoubtedly occurred as a result
of the new federal Consumer Product Safety Improvement Act of 2008
(CPSIA) which sets strict limits on the amount of lead which may be
present in any part of a children's product, including children's
metal jewelry.

Cadmium is a known carcinogen which can hinder brain development in
children and cause kidney, lung and intestinal damage. In fact,
cadmium ranks number seven on the U.S. Centers for Disease Control and
Prevention's list of 275 most hazardous substances in the environment.
This is extremely close to lead which currently falls at number two on
the same list. Certainly, a switch to another dangerous metal like
cadmium from lead was not the goal of the CPSIA and must be addressed
quickly before children become sick from cadmium exposure.

Even more troubling is the fact that these items have already been
found in retail establishments in New York State. Specifically, charms
from "Rudolph the Red-Nosed Reindeer" bracelets were purchased at a
discount store in the City of Rochester. These items alarmingly tested
and measured at between 82 and 91 percent cadmium. The charms
contained so much cadmium that if they had been different items they
would have fallen under federal environmental laws for specific
handling and disposal. Instead, our children have these items on their
wrists and perhaps in their mouths.  In addition, large retailers
across the nation have many products on their shelves that contain
high amounts of cadmium including popular bracelets and necklace
pendants being marketed to little girls. To make matters worse, many
of these items performed poorly in testing procedures which simulate
the leaching of the chemical in a child's stomach. Children are most
likely to be exposed to cadmium poisoning by sucking on and/or biting
the affected jewelry or by swallowing it.

Therefore. this legislation will add children's jewelry to New York
State's Public Health Law regulating the use of cadmium in consumer
products to set a strict standard for any amount contained in jewelry
marketed to children.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
 To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6446 (ACTIVE) - Bill Text download pdf

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

                                  6446

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen.  ALESI  -- 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 the sale of  chil-
  dren's jewelry containing cadmium

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

  Section 1. Section 1376-a of the public  health  law,  as  amended  by
chapter  485  of  the laws of 1992 and subdivision 3 as added by chapter
721 of the laws of 1993, is amended to read as follows:
  S 1376-a. Sale of consumer products containing [lead or] cadmium.   1.
FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING DEFINITIONS:
  (A) "CHILDREN" MEANS CHILDREN AGED TWELVE YEARS AND YOUNGER.
  (B) "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 IS:
  (I) REPRESENTED IN ITS PACKAGING, DISPLAY OR ADVERTISING, AS APPROPRI-
ATE FOR USE BY CHILDREN;
  (II) SOLD IN CONJUNCTION WITH, ATTACHED TO OR PACKAGED  TOGETHER  WITH
OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED OR ADVERTISED AS APPROPRIATE
FOR USE BY CHILDREN;
  (III) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS; OR
  (IV) SOLD IN ANY OF THE FOLLOWING:
  (1) A VENDING MACHINE,
  (2)  A  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, OR
  (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.
  2.  In  the absence of a federal standard for a specific type of prod-
uct, the commissioner shall establish the maximum quantity of [lead  or]
cadmium  (and  the manner of testing therefor) which (A) may be released
from  glazed  ceramic  tableware,  crystal,  china  and  other  consumer

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

                                                           LBD15413-02-0

S. 6446                             2

products,  AND  (B)  ANY  CHILDREN'S JEWELRY MAY CONTAIN.   Such maximum
quantity shall be based on the best available scientific data and  shall
insure  the  safety  of the public AND CHILDREN by reducing its OR THEIR
exposure  to  [lead  and]  cadmium  to the lowest practicable level. The
commissioner may amend such maximum quantity (and the manner of  testing
therefor)  where  necessary  or appropriate for the safety of the public
AND CHILDREN. Until such maximum quantity of [lead  or]  cadmium  estab-
lished  by the commissioner is effective, no glazed ceramic tableware OR
CHILDREN'S JEWELRY shall be offered for sale  which  releases  [lead  in
excess  of  7  parts  per million, or] cadmium in excess of .5 parts per
million.
  [2] 3.  The commissioner is hereby empowered to order the recall of or
confiscation, OR PROHIBIT THE SALE of glazed ceramic tableware, crystal,
china [or], other consumer products OR CHILDREN'S  JEWELRY  offered  for
sale  which  do  not meet the standards set forth in or pursuant to this
section.
  [3] 4.  The commissioner [of health] may waive the provisions of  this
section,  WITH  REGARD  TO  GLAZED CERAMIC TABLEWARE, CRYSTAL, CHINA AND
OTHER CONSUMER PRODUCTS, in whole or in  part  upon  a  finding  by  the
commissioner  in  a  particular  instance  that  there is no significant
threat to the public health; with respect to miniatures the commissioner
shall do so, on terms and conditions he or she shall establish,  upon  a
final  judicial  or  administrative  finding  that there is no immediate
public health threat in that instance.
  S 2.  This act shall take effect immediately.

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