Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.
STATE OF NEW YORK ________________________________________________________________________ 5970--A 2013-2014 Regular Sessions IN ASSEMBLY March 12, 2013 ___________Introduced by M. of A. ENGLEBRIGHT, WEPRIN, MAISEL -- read once and referred to the Committee on Consumer Affairs and Protection -- 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- ing federal standard for children's jewelry takes effect when upon suchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02885-04-3 A. 5970--A 2
date this act shall be deemed repealed; provided that the commissioner of health shall notify the legislative bill drafting commission upon the promulgation of any such superseding federal standard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.