The New York State Senate

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

                                   854

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 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
UG CADMIUM, AS DETERMINED THROUGH SALINE EXTRACTION TESTING  IN  ACCORD-

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

                                                           LBD02885-01-3

S. 854                              2

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.