S T A T E O F N E W Y O R K
________________________________________________________________________
5615
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, MAISEL, GUNTHER, JACOBS, ROBINSON,
RIVERA, CASTRO, JAFFEE, ROSENTHAL, GIBSON, MILLMAN, BARRON -- Multi-
Sponsored by -- M. of A. BOYLAND, COLTON, COOK, CRESPO, DINOWITZ,
GABRYSZAK, HOOPER, MARKEY, NOLAN, SCHIMEL, WEISENBERG -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to the sale of chil-
dren's jewelry containing cadmium
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1376-a of the public health law, as amended by
chapter 485 of the laws of 1992 and subdivision 3 as added by chapter
721 of the laws of 1993, is amended to read as follows:
S 1376-a. Sale of consumer products containing [lead or] cadmium. 1.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING DEFINITIONS:
(A) "CHILDREN" MEANS CHILDREN AGED TWELVE YEARS AND YOUNGER.
(B) "CHILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR, MARKETED FOR
USE BY OR MARKETED TO CHILDREN. CHILDREN'S JEWELRY INCLUDES, BUT IS NOT
LIMITED TO, JEWELRY THAT IS:
(I) REPRESENTED IN ITS PACKAGING, DISPLAY OR ADVERTISING, AS APPROPRI-
ATE FOR USE BY CHILDREN;
(II) SOLD IN CONJUNCTION WITH, ATTACHED TO OR PACKAGED TOGETHER WITH
OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED OR ADVERTISED AS APPROPRIATE
FOR USE BY CHILDREN;
(III) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS; OR
(IV) SOLD IN ANY OF THE FOLLOWING:
(1) A VENDING MACHINE,
(2) A RETAIL STORE, CATALOGUE OR ONLINE WEB SITE, IN WHICH A PERSON
EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED, DISPLAYED OR
ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09434-01-3
A. 5615 2
(3) A DISCRETE PORTION OF A RETAIL STORE, CATALOGUE OR ONLINE WEB
SITE, IN WHICH A PERSON OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,
DISPLAYED OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
2. In the absence of a federal standard for a specific type of prod-
uct, the commissioner shall establish the maximum quantity of [lead or]
cadmium (and the manner of testing therefor) which (A) may be released
from glazed ceramic tableware, crystal, china and other consumer
products, AND (B) ANY CHILDREN'S JEWELRY MAY CONTAIN. Such maximum
quantity shall be based on the best available scientific data and shall
insure the safety of the public AND CHILDREN by reducing its OR THEIR
exposure to [lead and] cadmium to the lowest practicable level. The
commissioner may amend such maximum quantity (and the manner of testing
therefor) where necessary or appropriate for the safety of the public
AND CHILDREN. Until such maximum quantity of [lead or] cadmium estab-
lished by the commissioner is effective, no glazed ceramic tableware OR
CHILDREN'S JEWELRY shall be offered for sale which releases [lead in
excess of 7 parts per million, or] cadmium in excess of .5 parts per
million.
[2] 3. The commissioner is hereby empowered to order the recall of or
confiscation, OR PROHIBIT THE SALE of glazed ceramic tableware, crystal,
china [or], other consumer products OR CHILDREN'S JEWELRY offered for
sale which do not meet the standards set forth in or pursuant to this
section.
[3] 4. The commissioner [of health] may waive the provisions of this
section, WITH REGARD TO GLAZED CERAMIC TABLEWARE, CRYSTAL, CHINA AND
OTHER CONSUMER PRODUCTS, in whole or in part upon a finding by the
commissioner in a particular instance that there is no significant
threat to the public health; with respect to miniatures the commissioner
shall do so, on terms and conditions he or she shall establish, upon a
final judicial or administrative finding that there is no immediate
public health threat in that instance.
S 2. This act shall take effect immediately.