S T A T E O F N E W Y O R K
________________________________________________________________________
6758
2011-2012 Regular Sessions
I N A S S E M B L Y
March 28, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the public health law, in relation to regulating heavy
metals in surface coating and 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 HEAVY METAL IN SURFACE COATING AND CADMIUM IN
CHILDREN'S JEWELRY. 1. DEFINITIONS. AS USED IN THIS SECTION, THE TERM:
(A) "CHILD" MEANS A PERSON WHO IS SIX AND ONE-HALF YEARS OF AGE OR
YOUNGER.
(B) "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR INTENDED PRIMARILY
FOR USE BY A CHILD, AND SHALL INCLUDE JEWELRY THAT IS:
(I) REPRESENTED IN ITS PACKAGING, DISPLAY, PROMOTION OR ADVERTISING AS
APPROPRIATE FOR USE BY A CHILD.
(II) SOLD IN CONJUNCTION WITH, ATTACHED TO, OR PACKAGED TOGETHER WITH
OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR ADVERTISED AS APPROPRI-
ATE FOR USE BY A CHILD.
(III) SIZED FOR A CHILD AND NOT DESIGNED OR INTENDED PRIMARILY FOR USE
BY CONSUMERS SEVEN AND OLDER.
(IV) SOLD IN ANY OF THE FOLLOWING:
(A) A VENDING MACHINE;
(B) A RETAIL STORE, CATALOG, OR ONLINE WEBSITE, IN WHICH A PERSON
EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR
ADVERTISED AS APPROPRIATE FOR USE PRIMARILY BY A CHILD; OR
(C) A DISCRETE PORTION OF A RETAIL STORE, CATALOG, OR ONLINE INTERNET
WEBSITE, IN WHICH A PERSON OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,
DISPLAYED, OR ADVERTISED AS APPROPRIATE OR INTENDED FOR USE PRIMARILY BY
A CHILD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10236-01-1
A. 6758 2
(V) LABELED IN A MANNER INDICATING THAT THE PRODUCT IS DESIGNED AND
INTENDED PRIMARILY FOR A CHILD.
(C) "JEWELRY" MEANS A PRODUCT PRINCIPALLY DESIGNED AND INTENDED AS AN
ORNAMENT WORN BY A PERSON AND INCLUDES THE FOLLOWING:
(I) ANKLET;
(II) ARM CUFF;
(III) BRACELET;
(IV) BROOCH;
(V) CHAIN;
(VI) CROWN OR TIARA;
(VII) CUFF LINK;
(VIII) HAIR ACCESSORY WITH SIGNIFICANT DECORATIVE ELEMENTS;
(IX) EARRINGS;
(X) NECKLACE;
(XI) PINS;
(XII) RING;
(XIII) BODY PIERCING JEWELRY;
(XIV) JEWELRY PLACED IN THE MOUTH FOR DISPLAY OR ORNAMENT;
(XV) ANY COMPONENT OF A PRODUCT LISTED IN SUBPARAGRAPHS (I) THROUGH
(XIV) OF THIS PARAGRAPH;
(XVI) ANY CHARM, BEAD, CHAIN, LINK, PENDANT OR OTHER ATTACHMENT TO
SHOES OR CLOTHING DESIGNED TO BE REMOVED AND WORN, ALONE OR ATTACHED TO
AN ITEM LISTED IN SUBPARAGRAPHS (I) THROUGH (XIV) OF THIS PARAGRAPH, AS
AN ORNAMENT BY A PERSON;
(XVII) WATCH IN WHICH A TIMEPIECE IS A COMPONENT OF AN ORNAMENT,
EXCLUDING THE TIMEPIECE ITSELF IF THE TIMEPIECE CAN BE REMOVED FROM THE
ORNAMENT; AND
(XVIII) JEWELRY COMPONENTS IN CRAFT KITS WHERE THE FINAL ASSEMBLED
JEWELRY PRODUCT IS PRINCIPALLY DESIGNED AND INTENDED AS AN ORNAMENT WORN
BY A PERSON. TOOLS USED TO MAKE JEWELRY ARE NOT JEWELRY.
(D) "JEWELRY" DOES NOT INCLUDE:
(I) TOY JEWELRY OR ANY OTHER PRODUCTS INTENDED FOR USE BY A CHILD WHEN
THE CHILD PLAYS (E.G., A NECKLACE WORN BY A DOLL OR STUFFED ANIMAL;
NOVELTY JEWELRY WITH PLAY VALUE);
(II) ACCESSORIES;
(III) APPAREL;
(IV) FOOTWEAR; AND
(V) ANY OTHER ITEM WHOSE PRIMARY PURPOSE IS FUNCTIONAL AND NOT PRIMA-
RILY INTENDED TO BE WORN AS A PERSONAL ITEM OR ORNAMENTATION.
2. PROHIBITIONS. (A) HEAVY METALS IN PAINT OR SURFACE COATINGS OF
CHILDREN'S JEWELRY. COMPOUNDS OF ANTIMONY, ARSENIC, BARIUM, CADMIUM,
CHROMIUM, MERCURY, OR SELENIUM IN ANY PAINT OR SURFACE COATING APPLIED
ON OR TO CHILDREN'S JEWELRY SHALL NOT EXCEED LEVELS IN THE TABLE BELOW,
AS DETERMINED THROUGH SOLUBILITY TESTING DEFINED IN THE ASTM INTERNA-
TIONAL SAFETY SPECIFICATION ON TOY SAFETY, ASTM F-963, OR SUBSEQUENT
PUBLISHED VERSIONS OF THAT STANDARD. AN ALTERNATIVE METHOD MAY BE USED
IF IT IS DEMONSTRATED TO BE AS STRINGENT AS, OR MORE STRINGENT THAN, THE
REFERENCED METHOD.
ELEMENT ANTIMONY ARSENIC BARIUM CADMIUM CHROMIUM MERCURY SELENIUM
(SB) (AS) (BA) (CD) (CR) (HG) (SE)
MAXIMUM 60 25 1000 75 60 60 500
SOLUBLE
ELEMENT
(IN MG/KG
OR PPM)
IN PAINT
A. 6758 3
OR
SURFACE
COATINGS
OF CHILD-
REN'S
JEWELRY
(B) CADMIUM IN PLASTIC COMPONENTS OF CHILDREN'S JEWELRY.
(I) PLASTIC COMPONENTS OF CHILDREN'S JEWELRY, EXCLUSIVE OF PAINT OR
SURFACE COATING, THAT ARE SMALL PARTS AS DEFINED IN 16 C.F.R.1501.4
SHALL BE SCREENED FOR TOTAL CADMIUM CONTENT. COVERED PLASTIC COMPONENTS
OF CHILDREN'S JEWELRY CONTAINING 300 PPM OR LESS TOTAL CADMIUM DO NOT
NEED TO BE TESTED FOR MIGRATABLE CADMIUM. COVERED PLASTIC COMPONENTS OF
CHILDREN'S JEWELRY THAT EXCEED THIS 300 PPM TOTAL CONTENT SCREENING
LEVEL SHALL NOT EXCEED 75 PARTS PER MILLION (PPM) CADMIUM, AS DETERMINED
THROUGH SOLUBILITY TESTING DEFINED IN EN-71-3, OR SUBSEQUENT VERSIONS OF
THAT STANDARD. AN ALTERNATIVE METHOD MAY BE USED IF IT IS DEMONSTRATED
TO BE AS STRINGENT AS, OR MORE STRINGENT THAN, THE REFERENCED METHOD.
(II) PLASTIC COMPONENTS OF CHILDREN'S JEWELRY, EXCLUSIVE OF PAINT OR
SURFACE COATING, THAT ARE NOT SMALL PARTS AS DEFINED IN 16 C.F.R.1501.4
SHALL BE SCREENED FOR TOTAL CADMIUM CONTENT. COVERED PLASTIC COMPONENTS
OF CHILDREN'S JEWELRY CONTAINING 300 PPM OR LESS TOTAL CADMIUM DO NOT
NEED TO BE TESTED FOR MIGRATABLE CADMIUM. COVERED PLASTIC COMPONENTS OF
CHILDREN'S JEWELRY THAT EXCEED THIS 300 PPM TOTAL CONTENT SCREENING
LEVEL SHALL NOT EXCEED 18 MCG CADMIUM, AS DETERMINED THROUGH SALINE
TESTING IN ACCORDANCE WITH A PROCEDURE APPROVED BY THE CONSUMER PRODUCT
SAFETY COMMISSION, OR SUBSEQUENT VERSIONS OF SUCH PROCEDURE. AN ALTERNA-
TIVE METHOD MAY BE USED IF IT IS DEMONSTRATED TO BE AS STRINGENT AS, OR
MORE STRINGENT THAN, THE REFERENCED METHOD.
(C) CADMIUM IN METAL COMPONENTS OF CHILDREN'S JEWELRY.
(I) METAL COMPONENTS OF CHILDREN'S JEWELRY, EXCLUSIVE OF PAINT OR
SURFACE COATING, THAT ARE SMALL PARTS AS DEFINED IN 16 C.F.R. 1501.4
SHALL BE SCREENED FOR TOTAL CADMIUM CONTENT. COVERED METAL COMPONENTS OF
CHILDREN'S JEWELRY CONTAINING 300 PPM OR LESS TOTAL CADMIUM DO NOT NEED
TO BE TESTED FOR MIGRATABLE CADMIUM. COVERED METAL COMPONENTS OF CHIL-
DREN'S JEWELRY THAT EXCEEDS THIS 300 PPM TOTAL CONTENT SCREENING LEVEL
SHALL NOT EXCEED 200 MCG CADMIUM, AS DETERMINED THROUGH SOLUBILITY TEST-
ING IN ACCORDANCE WITH THE CONSUMER PRODUCT SAFETY COMMISSION TEST METH-
OD: CPSC-CH-E1004-11, STANDARD OPERATING PROCEDURE FOR DETERMINING
CADMIUM (CD) EXTRACTABILITY FROM CHILDREN'S METAL JEWELRY, JANUARY 24,
2011, OR ANY SUCCESSOR STANDARD. AN ALTERNATIVE METHOD MAY BE USED IF IT
IS DEMONSTRATED TO BE AS STRINGENT AS, OR MORE STRINGENT THAN, THE
REFERENCED METHOD.
(II) METAL COMPONENTS OF CHILDREN'S JEWELRY, EXCLUSIVE OF PAINT OR
SURFACED COATING, THAT ARE NOT SMALL PARTS AS DEFINED IN 16 C.F.R.
1501.4 SHALL BE SCREENED FOR TOTAL CADMIUM CONTENT. COVERED METAL COMPO-
NENTS OF CHILDREN'S JEWELRY CONTAINING 300 PPM OR LESS TOTAL CADMIUM DO
NOT NEED TO BE TESTED FOR MIGRATABLE CADMIUM. COVERED METAL COMPONENTS
OF CHILDREN'S JEWELRY THAT EXCEED THIS 300 PPM TOTAL CONTENT SCREENING
LEVEL SHALL NOT EXCEED 18 MCG CADMIUM, AS DETERMINED THROUGH SALINE
TESTING IN ACCORDANCE WITH A PROCEDURE APPROVED BY THE CONSUMER PRODUCT
SAFETY COMMISSION, OR SUBSEQUENT VERSIONS OF SUCH PROCEDURE. AN ALTERNA-
TIVE METHOD MAY BE USED IF IT IS DEMONSTRATED TO BE AS STRINGENT AS, OR
MORE STRINGENT THAN, THE REFERENCED METHOD.
(D) THE REQUIREMENTS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION SHALL APPLY ONLY TO PLASTIC OR METAL COMPONENTS OF CHIL-
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DREN'S JEWELRY. ALL OTHER MATERIALS ARE SPECIFICALLY EXCLUDED FROM THESE
REQUIREMENTS.
(E) THIS SECTION SHALL NOT REGULATE ANY SUBSTANCE OR MATERIAL USED IN
CHILDREN'S JEWELRY FOR WHICH A FEDERAL STANDARD IS IN EFFECT.
S 2. This act shall take effect one year after it shall have become a
law; provided, however that the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.