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BILL NUMBER:S1576

TITLE OF BILL: An act to amend the environmental conservation law and the general business law, in relation to jewelry containing lead

PURPOSE: This bill would prohibit the distribution and sale of jewelry containing lead, to reduce the hazards of exposure to lead, would define testing methods for jewelry to determine compliance, would impose penalties for violating the law and institute a new labeling requirement for lead containing jewelry.

SUMMARY OF PROVISIONS:

Section 1: sets out legislative findings.

Section 2: Adds new section 37-0113 to the environmental conservation law. This section defines body piercing jewelry; children; children's jewelry; class 1 material; class 2 material; class 3 material; jewelry components; EPA reference methods, jewelry and surface coating. This section also sets the date on or after which restriction will be placed on advertising, manufacturing, offering for sale, selling, distributing for promotional purposes, or importing for distribution or sale into this state, any jewelry that does not meet the standards of safety based on the definitions above.

Section 3: Adds a new section 37-0115 to the Environmental Conservation Law the defines testing methods for determining compliance with section 37-0113.

Section 4: Adds new section 71-3711 to Environmental Conservation Law, which establishes the enforcement provisions for section 37-0113. The initial violation of this section would amount to a civil penalty not to exceed $500. Any subsequent violation of this section would result in a civil penalty not to exceed $2,500 for each violation. Penalties would be assessed by the Commissioner of the Department of Environmental Conservation after considering a variety of factors. Any civil fine collected would be deposited in the Environmental Protection Fund. Any showing of excessive lead content must be done by a laboratory meeting the testing requirement established under this bill. Any person charged under this section of the law must be provided with all the supporting documents related to the testing of the jewelry.

Section 5: Amends the general business law to create a new section 399-gg that requires all jewelry sold contain a conspicuous notice stating the percentage of lead in the jewelry. Also, any jewelry sold containing more than .02 percent (two hundred parts per million) lead

by weight shall contain a warning label, stating, "Contains lead which may be harmful to your health. Not be used by children under the age of six."

Section 6: Effective date.

EXISTING LAW: None.

JUSTIFICATION: Lead is a neurotoxin that is particularly hazardous to young children. Exposures to even very low levels of lead can cause brain function impairment. No level of lead exposure has been found to be safe for a developing child. High concentrations of lead have been consistently found in jewelry, particularly inexpensive jewelry that is marketed to children. Numerous random samples of jewelry sold in New York State have been found to contain very high lead content (up to 60,000 parts per million) in recent tests. It is the purpose of this legislation to reduce the significant risk of lead exposure, particularly to children, by limiting the availability of lead containing jewelry.

This legislation has been redrafted to meet the issues pointed out in the veto message for a similar bill which passed both houses in 2007. The Governor was concerned that the enforcement mechanisms be improved and that retailers be prevented from using ignorance as a defense to selling a toxic piece of jewelry. In an effort to meet,these concerns, the "knowing and intentional" requirements have been removed from penalty section of the bill and a new labeling requirement has been added to insure that manufacturers explicitly state the lead content of a particular piece of jewelry. Additionally, patterned after the California Law this new bill includes factors for the Commissioner to consider when levying penalties including the good faith of the violator.

If signed into law, this bill would be an important measure in protecting the health and safety of our most valuable resource our children.

LEGISLATIVE HISTORY: 2011-12: S.1928A - Referred to Environmental Conversation Similar bill, S.5784, Vetoed 2007 2008 - Passed Senate (S.6635)

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately; except that section 5 of the act shall take effect March 1, 2016.

Text

STATE OF NEW YORK
________________________________________________________________________

1576

2011-2012 Regular Sessions

IN SENATE

January 10, 2011
___________

Introduced   by   Sens.   OPPENHEIMER,   ADDABBO,  DIAZ,  KLEIN,  LANZA,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Education

AN ACT relating to apportionment of state monies  to  certain  nonpublic
  schools to reimburse them for their expenses in complying with certain
  state  requirements for the administration of state testing and evalu-
  ation programs and for participation in state programs for the report-
  ing of basic educational data

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding chapters 53 and 496 of the laws of 2008 and
any  provision  of  law,  rule  or  regulation  to  the contrary, and as
mandated by chapter 507 of the laws of 1974, the commissioner of  educa-
tion  shall  continue to annually apportion to each qualifying school an
amount equal to the actual cost  incurred  by  each  school  during  the
preceding  school  year  for providing services rendered to the state in
compliance with requirements of  the  state's  comprehensive  attendance
program,  pupil  evaluation  program, the basic educational data system,
regents examinations, the statewide evaluation plan, the uniform  proce-
dure  for  pupil  attendance reporting, and other similar state prepared
examinations and reporting procedures. Beginning in the 2011-2012 school
year for which reimbursement shall be made the following year, qualified
schools shall have such reimbursement dispersed to them  no  later  than
the last day of December of the school year following the school year in
which expenses were incurred.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05298-01-1