NY State Senate Bill 2019-S3761

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Feb 13, 2019	referred to health

2019-S3761 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4055
2013-2014: S854
2015-2016: S1890
2017-2018: S2440

2019-S3761 (ACTIVE) - Summary

Regulates cadmium in substrate components of children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

2019-S3761 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3761

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the public health law, in relation to
regulating cadmium in substrate components of children's jewelry

 
PURPOSE:

This bill would establish requirements for certain substances in chil-
dren's jewelry, consistent with best available science on protecting
children from potential exposure risks, recognizing that total heavy
metal content limits by weight are inconsistent with available science.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill defines "child," "children's jewelry," "jewelry,"
and contains exclusions from such definitions. Also sets forth prohibi-
tions in the manufacture of children's jewelry, including the use of
heavy metals in paint and surface coatings in excess of certain levels
prescribed therein as determined through solubility testing defined in
the ASTM International Safety Specifications on Toy Safety, ASTM F-963

(formerly known as the American Society for Testing and Materials);
cadmium in plastic components in excess of certain screening levels
prescribed therein as determined through solubility testing defined in
EN-71-3 (the European Union Standard that concerns the" safety of toys"
and specifies requirements for the migration of certain elements); and
cadmium in metal components in excess of certain screening levels
prescribed therein as determined through testing procedures approved by
the U.S. Consumer Product Safety Commission. Lead in children's jewelry,
toys and other children's products is separately regulated under federal
law.

Section 2 This act shall take effect one year after it shall have become
law, with provisions.

 
JUSTIFICATION:

The U.S. Consumer Product Safety Commission (CPSC) is the federal agency
that administers federal laws concerning children's and other consumer
products. The CPSC protects children and consumers in general, from
exposure to hazardous substances, such as cadmium and other heavy metals
in consumer products, under the Federal Hazardous Substances Act (FHSA).

 
LEGISLATIVE HISTORY:

2017-18: S2440A Referred to Health

2015-16: S.1890 - Referred to Health

2013-14: S.854 - Referred to Health

2011-12: S.4055A - Passed the Senate; Died in consumer affairs

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law, with
provisions

2019-S3761 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3761
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 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 components 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:
   § 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/POLYMERIC  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 ASTM  F2923-14,
 STANDARD SPECIFICATION FOR CONSUMER PRODUCT SAFETY FOR CHILDREN'S JEWEL-
 RY, 13.4.
   (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  ASTM  F2923-14
 13.5, APPLYING AN INTER-LABORATORY ANALYTICAL CORRECTION FACTOR CONSIST-
 ENT WITH ASTM F2923-14 13.5.1.
   (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-
 ANCE WITH ASTM F2923-14 13.6.
   3.  THE  MOST  CURRENT  DULY  ADOPTED  TEST  METHOD REFERENCED IN ASTM
 F2923-14 SHALL BE USED.  ALTERNATIVE TEST METHODS MAY BE SUBSTITUTED  IF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08528-01-9

 S. 3761                             2
 
 SUCH  METHODS  ARE DEMONSTRATED 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.
   §  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.

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Senate Bill S3761

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S3761 (ACTIVE) - Details

2019-S3761 (ACTIVE) - Summary

2019-S3761 (ACTIVE) - Sponsor Memo

2019-S3761 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3761

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S3761 (ACTIVE) - Details

2019-S3761 (ACTIVE) - Summary

2019-S3761 (ACTIVE) - Sponsor Memo

2019-S3761 (ACTIVE) - Bill Text download pdf

Comments