senate Bill S3947A

2013-2014 Legislative Session

Regulates heavy metals, magnets and batteries 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

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 23, 2014 referred to consumer affairs and protection
Jun 20, 2014 delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.204
Jan 09, 2014 print number 3947a
amend and recommit to health
Jan 08, 2014 referred to health
returned to senate
died in assembly
May 23, 2013 referred to consumer affairs and protection
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.621
Apr 30, 2013 reported and committed to consumer protection
Feb 28, 2013 referred to health

Votes

view votes

Feb 27, 2014 - Health committee Vote

S3947A
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

May 20, 2013 - Consumer Protection committee Vote

S3947
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 30, 2013 - Health committee Vote

S3947
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3947 - Bill Details

See Assembly Version of this Bill:
A5970A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7715, A6758B, S4055A

S3947 - Bill Texts

view summary

Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

view sponsor memo
BILL NUMBER:S3947

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 cn 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/FOTAll/osicadmiumjewelry.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.

PRIOR LEGISLATIVE HISTORY: 2011-12 S7715 - Passed senate/A6758b
-Referred to Consumer Affairs & Protection

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.

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

                                  3947

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced by Sens. GRISANTI, O'BRIEN -- 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, 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
THIRTEEN.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02885-02-3

S. 3947                             2

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.

Co-Sponsors

S3947A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5970A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §1376-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S7715, A6758B, S4055A

S3947A (ACTIVE) - Bill Texts

view summary

Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

view sponsor memo
BILL NUMBER:S3947A

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 cn 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/LIHRARY/FOIA/FOTA11/osioadmiumjewelry.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.

PRIOR LEGISLATIVE HISTORY: 2011-12 S7715 - Passed senate/A6758b
-Referred to Consumer Affairs & Protection

FISCAL IMPLICATIONS: None.

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

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

                                 3947--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced by Sens. GRISANTI, O'BRIEN -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Health -- recom-
  mitted to the Committee on Health in accordance with  Senate  Rule  6,
  sec.  8  --  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  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
FOURTEEN.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02885-03-3

S. 3947--A                          2

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.

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