senate Bill S4055A

2011-2012 Legislative Session

Regulates cadmium in substrate in children's jewelry

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2012 referred to consumer affairs and protection
delivered to assembly
passed senate
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.237
Jan 04, 2012 referred to health
returned to senate
died in assembly
Jun 16, 2011 referred to consumer affairs and protection
delivered to assembly
passed senate
ordered to third reading cal.1310
committee discharged and committed to rules
Jun 07, 2011 print number 4055a
amend (t) and recommit to health
Mar 15, 2011 referred to health

Votes

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Feb 29, 2012 - Health committee Vote

S4055A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Jun 16, 2011 - Rules committee Vote

S4055A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4055 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L

S4055 - Bill Texts

view summary

Regulates cadmium in substrate in children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

view sponsor memo
BILL NUMBER:S4055

TITLE OF BILL:

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

PURPOSE:

This bill would establish requirements for certain substances in
children's jewelry, consistent with best available science on
protecting children from potential exposure risks, recognizing that
total heavy metal content limits by weight are inconsistent with
available science.

SUMMARY OF PROVISIONS:

Section 1 of the bill defines "child," "children's jewelry,"
"jewelry," and contains exclusions from such definitions.

Also sets forth prohibitions in the manufacture of children's
jewelry, including the use of heavy metals in paint and surface
coatings in excess of certain levels prescribed therein as determined
through solubility testing defined in the ASTM International Safety
Specifications on Toy Safety, ASTM F-963 (formerly known as the
American Society for Testing and Materials); cadmium in plastic
components in excess of certain screening levels prescribed therein
as determined through solubility testing defined in EN-71-3 (the
European Union Standard that concerns the" safety of toys" and
specifies requirements for the migration of certain elements); and
cadmium in metal components in excess of certain screening levels
prescribed therein as determined through testing procedures approved
by the U.S. Consumer Product Safety Commission. Lead in children's
jewelry, toys and other children's products is separately regulated
under federal law.

Section 2 adds the effective date.

JUSTIFICATION:

The U.S. Consumer Product Safety Commission (CPSC) is the federal
agency that administers federal laws concerning children's and other
consumer products. The CPSC protects children and consumers in
general, from exposure to hazardous substances, such as cadmium and
other heavy metals in consumer products, under the Federal Hazardous
Substances Act (FHSA).

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This Act shall take effect one year after it shall have become a law,
and children's jewelry manufactured on or after such date shall
comply with the requirements of this Act.

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

                                  4055

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sens. ALESI, GRISANTI -- 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  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

S. 4055                             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

S. 4055                             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-

S. 4055                             4

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.

Co-Sponsors

view additional co-sponsors

S4055A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L

S4055A (ACTIVE) - Bill Texts

view summary

Regulates cadmium in substrate in children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

view sponsor memo
BILL NUMBER:S4055A

TITLE OF BILL:

An act
to amend the public health law, in relation to regulating
cadmium in substrate of children's
jewelry

PURPOSE:

This bill would establish requirements for certain substances in
children's jewelry, consistent with best available science on
protecting children from potential exposure risks, recognizing that
total heavy metal content limits by weight are inconsistent with
available science.

SUMMARY OF PROVISIONS:

Section 1 of the bill defines "child," "children's jewelry,"
"jewelry," and contains exclusions from such definitions.

Also sets forth prohibitions in the manufacture of children's jewelry,
including the use of heavy metals in paint and surface coatings in
excess of certain levels prescribed therein as determined through
solubility testing defined in the ASTM International Safety
Specifications on Toy Safety, ASTM F-963 (formerly known as the
American Society for Testing and Materials); cadmium in plastic
components in excess of certain screening levels prescribed therein
as determined through solubility testing defined in EN-71-3 (the
European Union Standard that concerns the" safety of toys" and
specifies requirements for the migration of certain elements); and
cadmium in metal components in excess of certain screening levels
prescribed therein as determined through testing procedures approved
by the U.S. Consumer Product Safety Commission. Lead in children's
jewelry, toys and other children's products is separately regulated
under federal law.

Section 2 adds the effective date.

JUSTIFICATION:

The U.S. Consumer Product Safety Commission (CPSC) is the federal
agency that administers federal laws concerning children's and other
consumer products. The CPSC protects children and consumers in
general, from exposure to hazardous substances, such as cadmium and
other heavy metals in consumer products, under the Federal Hazardous
Substances Act (FHSA).

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This Act shall take effect one year after it shall have become a law,
and children's jewelry manufactured on or after such date shall
comply with the requirements of this Act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4055--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sens. ALESI, GRISANTI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the public health law, in relation to regulating 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  CADMIUM IN CERTAIN SUBSTRATE COMPONENTS OF
CHILDREN'S JEWELRY. 1.  NO CHILDREN'S JEWELRY SHALL BE SOLD OR  DISTRIB-
UTED  IN  THE STATE THAT CONTAINS CADMIUM IN ACCESSIBLE METAL OR PLASTIC
SUBSTRATE COMPONENTS EXCEEDING THE LEVELS PRESCRIBED IN THIS SECTION.
  2. ACCESSIBLE PLASTIC OR METAL COMPONENTS OF CHILDREN'S  JEWELRY  THAT
EXCEED  A TOTAL CADMIUM CONTENT SCREENING LEVEL OF 300 PARTS PER MILLION
(PPM) SHALL MEET THE FOLLOWING MIGRATION LIMITS:
  (A) ACCESSIBLE PLASTIC COMPONENTS OF CHILDREN'S JEWELRY THAT ARE SMALL
PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 75 PPM CADMIUM, AS
DETERMINED THROUGH SOLUBILITY TESTING IN ACCORDANCE WITH EUROPEAN  UNION
STANDARD:  EN-71-3,  TOY  SAFETY  SPECIFICATION FOR MIGRATION OF CERTAIN
ELEMENTS.
  (B) ACCESSIBLE METAL COMPONENTS OF CHILDREN'S JEWELRY THAT  ARE  SMALL
PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 200 UG CADMIUM, AS
DETERMINED  THROUGH  SOLUBILITY TESTING IN ACCORDANCE WITH U.S. CONSUMER
PRODUCT SAFETY COMMISSION TEST METHOD: CPSCC-CH-E1004-11, STANDARD OPER-
ATING PROCEDURE FOR DETERMINING CADMIUM (CD) EXTRACTABILITY  FROM  CHIL-
DREN'S  METAL  JEWELRY,  APPLYING  AN INTER-LABORATORY CORRECTION FACTOR
CONSISTENT WITH EN-71-3.
  (C) ACCESSIBLE PLASTIC AND METAL COMPONENTS OF CHILDREN'S JEWELRY THAT
ARE NOT SMALL PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT  EXCEED  18

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10236-02-1

S. 4055--A                          2

UG  CADMIUM,  AS DETERMINED THROUGH SALINE EXTRACTION TESTING IN ACCORD-
ANCE  WITH  THE  U.S.  CONSUMER  PRODUCT  SAFETY   COMMISSION'S   SALINE
EXTRACTION PROCEDURE.
  3. THE MOST CURRENT DULY ADOPTED REFERENCED TEST METHOD SHALL BE USED.
ALTERNATIVE  TEST  METHODS MAY BE SUBSTITUTED IF SUCH METHODS ARE DEMON-
STRATED TO BE AS STRINGENT AS, OR MORE STRINGENT  THAN,  THE  REFERENCED
METHODS.
  4.  FOR  PURPOSES  OF  THIS  SECTION,  "CHILDREN'S JEWELRY" IS JEWELRY
DESIGNED AND 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  (A) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS,
(B) ACCESSORIES, (C) APPAREL, (D) FOOTWEAR, OR  (E)  ANY  OTHER  PRODUCT
WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT ORNAMENTAL.
  S  2. This act shall take effect one year after it shall have become a
law, and shall apply only to accessible plastic or metal  components  of
children's  jewelry  manufactured  on  and after such date, and shall be
preempted on the date a superseding  federal  standard  for  cadmium  in
children's jewelry takes effect.

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