S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6939
 
                             I N  S E N A T E
 
                              January 6, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   labeling requirements of certain jewelry containing lead
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 37-0115 of the environmental conservation  law,  as
 added  by  a  chapter  of  the  laws  of 2019 amending the environmental
 conservation law relating to jewelry containing  lead,  as  proposed  in
 legislative  bills  numbers  S.4046  and  A.6041,  is amended to read as
 follows:
 § 37-0115. Lead-containing jewelry.
   For purposes of this section,  the  following  terms  shall  have  the
 following definitions:
   1.  "Body piercing jewelry" means any part of jewelry that is manufac-
 tured or sold for placement in a new piercing or a mucous membrane,  but
 does  not  include  any part of that jewelry that is not placed within a
 new piercing or a mucous membrane.
   2. "Children" means children under the age of twelve.
   3. "Children's jewelry" means jewelry that is made for,  marketed  for
 use  by, or marketed to, children and includes jewelry that meets any of
 the following conditions:
   (a) Represented in its packaging, display, or advertising,  as  appro-
 priate for use by children.
   (b)  Sold  in conjunction with, attached to, or packaged together with
 other products that are packaged, displayed, or advertised as  appropri-
 ate for use by children.
   (c) Sized for children and not intended for use by adults.
   (d) Sold in any of the following:
   (1) A vending machine.
   (2)  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

 S                                                          LBD08023-02-9

 S. 6939                             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.
   4. "Jewelry" means any of the following ornaments worn by a person:
   (a) ankle bracelet;
   (b) arm cuff;
   (c) bracelet;
   (d) brooch;
   (e) chain;
   (f) crown;
   (g) cuff link;
   (h) hair accessory;
   (i) earring;
   (j) necklace;
   (k) decorative pin;
   (l) ring;
   (m) body piercing jewelry;
   (n) jewelry placed in the mouth for display or ornament;
   (o)  any  charm, bead, chain, link, pendant, or other component of the
 items listed in this definition;
   (p) a charm, bead, chain, link, pendant, or other attachment to  shoes
 or  clothing  that  can  be removed and may be used as a component of an
 item listed in this definition;
   (q) a watch in which a timepiece is a component of an item  listed  in
 this  definition, excluding the timepiece itself if the timepiece can be
 removed from the ornament.
   5. Effective January first, two thousand twenty-one,  no  manufacturer
 shall  sell,  or  offer  for  sale,  children's  jewelry  that [contain]
 CONTAINS a total lead content in any component part of the item that  is
 more than 0.004% (40 parts per million) but less than [0.06% (600] 0.01%
 (100  parts  per  million)  by total weight or a lower standard for lead
 content as may be established by federal or state  law  or  rule  unless
 that  item  bears  a  warning statement that indicates that at least one
 component part of the item contains lead.
   The warning statement for children's jewelry shall  contain  at  least
 the  following:  "WARNING:  CONTAINS  LEAD.  MAY  BE HARMFUL IF EATEN OR
 CHEWED.  [COMPLIES WITH FEDERAL STANDARDS.]"
   A manufacturer is in compliance if the warning statement  is  provided
 on  the children's jewelry or on the label on the immediate container of
 the children's jewelry.
   The warning statement requirement does not  apply  to  any  children's
 jewelry:
   (a)  for  which  federal law governs warning in a manner that preempts
 state authority;
   (b) if the component parts of the children's jewelry  containing  lead
 are  inaccessible  to  a child through normal and reasonably foreseeable
 use and abuse as defined by the United States  Consumer  Product  Safety
 Commission;
   (c)  if  the  component  parts in question are exempt from third-party
 testing as determined by  the  United  States  Consumer  Product  Safety
 Commission; or
   (d) to children's jewelry resold or offered for resale, or distributed
 by consumers for consumer use.
   §  2.  Section 71-3705 of the environmental conservation law, as added
 by a chapter of the laws of 2019 amending the environmental conservation

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 law relating to jewelry containing  lead,  as  proposed  in  legislative
 bills numbers S.4046 and A.6041, is amended to read as follows:
 § 71-3705. Enforcement of section 37-0115.
   1.  Any  person  who violates any provision of or fails to perform any
 duty imposed by section 37-0115 of this chapter  shall  upon  the  first
 finding of such a violation be liable for a civil penalty not to  exceed
 five  hundred  dollars  for  each  violation.  Any person convicted of a
 second or subsequent violation shall be liable for a civil  penalty  not
 to exceed twenty-five hundred dollars for each violation.
   [2. Penalties under this section shall be assessed by the commissioner
 after  a  hearing  pursuant to the provisions of section 71-1709 of this
 article. In assessing the penalty under this section,  the  commissioner
 shall  consider:  the nature and extent of the violation; the number and
 severity of the violations; the economic effect of the  penalty  on  the
 violator;  whether  the violator took good faith measures to comply with
 this chapter; the willfulness of the violator's misconduct;  the  deter-
 rent  effect  that  the imposition of the penalty would have on both the
 violator and the regulated community as a whole; and other factors  that
 the  commissioner  deems  appropriate and relevant.  Any person found to
 have violated section 37-0115 of  this  chapter  may  be  enjoined  from
 continuing such violation.
   3.]  2.  All  civil penalties and fines collected for any violation of
 section 37-0115 of this chapter shall be paid over to  the  commissioner
 for  deposit in the environmental protection fund established by section
 ninety-two-s of the state finance law.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2019 amending the environmental
 conservation law relating to jewelry containing  lead,  as  proposed  in
 legislative bills numbers S.4046 and A.6041, takes effect.