Regulates heavy metals, magnets and batteries in children's jewelry; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.
TITLE OF BILL: 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
PURPOSE: This bill would establish comprehensive safety requirements for children's jewelry, including limits on cadmium in substrate of children's jewelry, recently adopted by the internationally-recognized standards organization, ASTM (American Society for Testing and Materials) International. The standard has been endorsed by the U.S. Consumer Product Safety Commission (CPSC), the federal agency that administers federal laws concerning children's and other consumer product safety, and is similar to safety requirements for toys.
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new Section 1376-b to the Public Health Law entitled: the "Comprehensive Children's Jewelry Safety Act."
Paragraph (a) of subdivision (1) thereof, defines "children's jewelry" and sets forth certain exclusions therefrom.
Paragraph (b) of subdivision (1) thereof, defines "ASTM F 2923-11," as the ASTM (American Society for Testing and Materials) International Standard Specification for Consumer Product Safety for Children's Jewelry.
Subdivision (2) thereof sets forth the requirement that all children's jewelry manufactured, sold or distributed in the state after the effective date of the Section shall meet the requirements of ASTM F 2923-11.
Section 2 of the bill adds the effective date.
JUSTIFICATION: This legislation would regulate heavy metals, magnets and batteries in children's jewelry intended for children age 12 and younger, consistent with the Consumer Product Safety Improvement Act of 2008 (CPSIA), by incorporating by reference the comprehensive requirements of the ASTM International F 2923-11 Standard Specification for Consumer Product Safety for Children's jewelry, that contains the following safety requirements:
(1) Limits on lead in paint/surface coatings and substrate, consistent with the current requirements of the CPSIA.
(2) Migration limits for heavy metals (except lead) in paint and surface coatings, identical to those in the ASTM F-963 toy safety standard.
(3) A total content screening limit for cadmium in all metal (including precious metal) and plastic components of jewelry, coupled with migration standards for plastic or metal components that exceed the
screening limit, as recommended by CPSC. The migration tests vary depending on whether potential exposures relate to possible ingestion(in which-case acid extraction tests are required), or to mouthing (in which case a simulated saliva test is required).
(4) Exemptions from the cadmium limits for other materials (crystal, glass, gemstones, natural materials, etc.) given the absence of data suggesting an exposure risk.
(5) Limits cn nickel migration, consistent with international jewelry standards.
(6) Requirements for magnets and batteries in jewelry.
(7) Guidelines on identifying children's jewelry.
The ASTM International F 2923-11 Standard Specification for Consumer Product Safety for Children's Jewelry was developed through a stakeholder process that included representatives of the CPSC, testing laboratories, consumer representatives, and industry members, consistent with best available science on protecting children from potential exposure risks. In particular, the cadmium limits were developed at the express urging of the CPSC Chairman and staff in light of its extensive testing of cadmium in jewelry, reflected in a comprehensive technical report, Measuring Cadmium in Metal Jewelry, October, 2010, available at: http://www.cpsc.gov/LIBRARY/FOIA/FOTAll/osicadmiumjewelry.pdf.
This bill would adopt a comprehensive set of safety requirements for children's jewelry, to control children's risk of exposure to potentially hazardous levels of cadmium and other substances, and would also impose new requirements for magnets and batteries in children's jewelry. New York, as one of the centers of the U.S. jewelry industry, would hopefully join Rhode island, as the second state to adopt the federal standard for children's jewelry safety, established under ASTM International F 2923-11 Standard Specification for Consumer Product Safety for Children's Jewelry.
Prior Legislative History: 2011-12 S7715 - Passed Senate/A6758b Referred to Consumer Affairs & Protection
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This Act shall take effect one hundred eighty days (180) after it shall have become a law, and shall remain in effect until a superseding federal standard for children's jewelry takes effect.
STATE OF NEW YORK ________________________________________________________________________ 3511 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________Introduced by Sen. O'BRIEN -- 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 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 THIRTEEN. 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 such date this act shall be deemed repealed; provided that the commissioner of health shall notify the legislative bill drafting commission upon theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02885-02-3 S. 3511 2
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.