assembly Bill A6758B

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2012 print number 6758b
Jun 15, 2012 amend (t) and recommit to consumer affairs and protection
Jan 04, 2012 referred to consumer affairs and protection
Jun 14, 2011 print number 6758a
Jun 14, 2011 amend (t) and recommit to consumer affairs and protection
Mar 28, 2011 referred to consumer affairs and protection

A6758 - Details

See Senate Version of this Bill:
S7715
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3511, S3947
2015-2016: S4966

A6758 - Summary

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.

A6758 - Bill Text download pdf

                    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

Co-Sponsors

A6758A - Details

See Senate Version of this Bill:
S7715
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3511, S3947
2015-2016: S4966

A6758A - Summary

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.

A6758A - Bill Text download pdf

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

                                 6758--A

                       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 -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted 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.
                                                           LBD10236-03-1

Co-Sponsors

A6758B (ACTIVE) - Details

See Senate Version of this Bill:
S7715
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3511, S3947
2015-2016: S4966

A6758B (ACTIVE) - Summary

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.

A6758B (ACTIVE) - Bill Text download pdf

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

                                 6758--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, WEPRIN, P. RIVERA -- read once and
  referred to the  Committee  on  Consumer  Affairs  and  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10236-04-2