Senate Bill S1576

                                BILL NUMBER:S1576

TITLE OF BILL:
An act
to amend the environmental conservation law
and the general business law, in relation to jewelry
containing lead

PURPOSE:
This bill would prohibit the distribution and sale of jewelry
containing lead, to reduce the hazards of exposure to lead, would
define testing methods for jewelry to determine compliance, would
impose penalties for violating the law and institute a new labeling
requirement for lead containing jewelry.

SUMMARY OF PROVISIONS:

Section 1: sets out legislative findings.

Section 2: Adds new section 37-0113 to the environmental conservation
law. This section defines body piercing jewelry; children; children's
jewelry; class 1 material; class 2 material; class 3 material;
jewelry components; EPA reference methods, jewelry and surface
coating. This section also sets the date on or after which
restriction will be placed on advertising, manufacturing, offering
for sale, selling, distributing for promotional purposes, or
              

importing for distribution or sale into this state, any jewelry that
does not meet the standards of safety based on the definitions above.

Section 3: Adds a new section 37-0115 to the Environmental
Conservation Law the defines testing methods for determining
compliance with section 37-0113.

Section 4: Adds new section 71-3711 to Environmental Conservation Law,
which establishes the enforcement provisions for section 37-0113. The
initial violation of this section would amount to a civil penalty not
to exceed $500. Any subsequent violation of this section would result
in a civil penalty not to exceed $2,500 for each violation. Penalties
would be assessed by the Commissioner of the Department of
Environmental Conservation after considering a variety of factors.
Any civil fine collected would be deposited in the Environmental
Protection Fund. Any showing of excessive lead content must be done
by a laboratory meeting the testing requirement established under
this bill. Any person charged under this section of the law must be
provided with all the supporting documents related to the testing of
the jewelry.

Section 5: Amends the general business law to create a new section
399-gg that requires all jewelry sold contain a conspicuous notice
stating the percentage of lead in the jewelry. Also, any jewelry sold
containing more than .02 percent (two hundred parts per million) lead

by weight
shall contain a warning label, stating, "Contains lead which may be
harmful to your health. Not be used by children under the age of six."

Section 6: Effective date.

EXISTING LAW: None.

JUSTIFICATION:
Lead is a neurotoxin that is particularly hazardous to young children.
Exposures to even very low levels of lead can cause brain function
impairment. No level of lead exposure has been found to be safe for a
developing child. High concentrations of lead have been consistently
found in jewelry, particularly inexpensive jewelry that is marketed
to children. Numerous random samples of jewelry sold in New York
State have been found to contain very high lead content (up to 60,000
parts per million) in recent tests. It is the purpose of this
legislation to reduce the significant risk of lead exposure,
particularly to children, by limiting the availability of lead
containing jewelry.

This legislation has been redrafted to meet the issues pointed out in
the veto message for a similar bill which passed both houses in 2007.
The Governor was concerned that the enforcement mechanisms be
improved and that retailers be prevented from using ignorance as a
defense to selling a toxic piece of jewelry. In an effort to
meet,these concerns, the "knowing and intentional" requirements have
been removed from penalty section of the bill and a new labeling
requirement has been added to insure that manufacturers explicitly
state the lead content of a particular piece of jewelry.
Additionally, patterned after the California Law this new bill
includes factors for the Commissioner to consider when levying
penalties including the good faith of the violator.

If signed into law, this bill would be an important measure in
protecting the health and safety of our most valuable resource our
children.

LEGISLATIVE HISTORY:
2011-12: S.1928A - Referred to Environmental Conversation Similar
bill, S.5784, Vetoed 2007
2008 - Passed Senate (S.6635)

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
Immediately; except that section 5 of the act shall take effect March
1, 2016.