senate Bill S7715

2011-2012 Legislative Session

Regulates heavy metals, magnets and batteries in children's jewelry

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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
Jun 21, 2012 referred to consumer affairs and protection
delivered to assembly
passed senate
ordered to third reading cal.1493
Jun 15, 2012 referred to rules

Votes

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S7715 - Bill Details

See Assembly Version of this Bill:
A6758B
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง1376-b, Pub Health L

S7715 - Bill Texts

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Regulates heavy metals, magnets and batteries in children's jewelry; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

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BILL NUMBER:S7715

TITLE OF BILL:

An act to amend the public health law, in relation to regulating heavy
metals, magnets and batteries in children's jewelry; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE:

This bill would establish comprehensive safety requirements for
children's jewelry, including limits on cadmium in substrate of
children's jewelry, recently adopted by the internationally-recognized
standards organization, ASTM (American Society for Testing and
Materials) International. The standard has been endorsed by the U.S.
Consumer Product Safety Commission (CPSC), the federal agency that
administers federal laws concerning children's and other consumer
product safety, and is similar to safety requirements for toys.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Section 1376-b to the Public
Health Law entitled: the "Comprehensive Children's Jewelry Safety
Act."

Paragraph (a) of subdivision (1) thereof, defines "children's jewelry"
and sets forth certain exclusions therefrom.

Paragraph (b) of subdivision (1) thereof, defines "ASTM F 2923-11," as
the ASTM (American Society for Testing and Materials) International
Standard Specification for Consumer Product Safety for Children's
Jewelry.

Subdivision (2) thereof sets forth the requirement that all children's
jewelry manufactured, sold or distributed in the state after the
effective date of the Section shall meet the requirements of ASTM F
2923-11.

Section 2 of the bill adds the effective date.

JUSTIFICATION:

This legislation would regulate heavy metals, magnets and batteries in
children's jewelry intended for children age 12 and younger,
consistent with the Consumer Product Safety Improvement Act of 2008
(CPSIA), by incorporating by reference the comprehensive requirements
of the ASTM International F 2923-11 Standard Specification for
Consumer Product Safety for Children's Jewelry, that contains the
following safety requirements:

(1) Limits on lead in paint/surface coatings and substrate, consistent
with the current requirements of the CPSIA.

(2) Migration limits for heavy metals (except lead) in paint and
surface coatings, identical to those in the ASTM F-963 toy safety
standard.


(3) A total content screening limit for cadmium in all metal
(including precious metal) and plastic components of jewelry, coupled
with migration standards for plastic or metal components that exceed
the screening limit, as recommended by CPSC. The migration tests vary
depending on whether potential exposures relate to possible ingestion
(in which case acid extraction tests are required), or to mouthing (in
which case a simulated saliva test is required).

(4) Exemptions from the cadmium limits for other materials (crystal,
glass, gemstones, natural materials, etc.) given the absence of data
suggesting an exposure risk.

(5) Limits on nickel migration, consistent with international jewelry
standards.

(6) Requirements for magnets and batteries in jewelry.

(7) Guidelines on identifying children's jewelry.

The ASTM International F 2923-11 Standard Specification for Consumer
Product Safety for Children's Jewelry was developed through a
stakeholder process that included representatives of the CPSC, testing
laboratories, consumer representatives, and industry members,
consistent with best available science on protecting children from
potential exposure risks. In particular, the cadmium limits were
developed at the express urging of the CPSC Chairman and staff in
light of its extensive testing of cadmium in jewelry, reflected in a
comprehensive technical report, Measuring Cadmium in Metal Jewelry,
October, 2010, available at:
http://www.cpsc.gov/LIBRARY/FOIA/FOIA11/os/cadmiumjewelry.pdf.

This bill would adopt a comprehensive set of safety requirements for
children's jewelry, to control children's risk of exposure to
potentially hazardous levels of cadmium and other substances, and
would also impose new requirements for magnets and batteries in
children's jewelry. New York, as one of the centers of the U.S.
jewelry industry, would hopefully join Rhode Island, as the second
state to adopt the federal standard for children's jewelry safety,
established under ASTM International F 2923-11 Standard Specification
for Consumer Product Safety for Children's Jewelry.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This Act shall take effect one hundred eighty days (180) after it
shall have become a law, and shall remain in effect until a
superseding federal standard for children's jewelry takes effect.

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

                                  7715

                            I N  S E N A T E

                              June 15, 2012
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to  regulating  heavy
  metals, magnets and batteries in children's jewelry; and providing for
  the repeal of such provisions upon expiration thereof

  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.  COMPREHENSIVE  CHILDREN'S  JEWELRY  SAFETY ACT. 1.   DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A) "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR 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:
  (I) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS;
  (II) ACCESSORIES;
  (III) APPAREL;
  (IV) FOOTWEAR; OR
  (V)  ANY  OTHER  PRODUCT WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT
ORNAMENTAL.
  (B) "ASTM F 2923-11" MEANS THE ASTM (AMERICAN SOCIETY FOR TESTING  AND
MATERIALS)  INTERNATIONAL  STANDARD  SPECIFICATION  FOR CONSUMER PRODUCT
SAFETY FOR CHILDREN'S JEWELRY IN EFFECT ON JANUARY FIRST,  TWO  THOUSAND
TWELVE.
  2. REQUIREMENTS. ALL CHILDREN'S JEWELRY MANUFACTURED, SOLD OR DISTRIB-
UTED IN THE STATE SHALL MEET THE REQUIREMENTS OF ASTM F 2923-11.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall remain in effect until a supersed-
ing  federal standard for children's jewelry takes effect when upon such
date this act shall be deemed repealed; provided that  the  commissioner
of health shall notify the legislative bill drafting commission upon the
promulgation  of  any  such  superseding federal standard for children's
jewelry in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of  the
legislative law and section 70-b of the public officers law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10236-06-2

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