S3511-2013 Actions

• Feb 27, 2013: RECOMMIT, ENACTING CLAUSE STRICKEN
• Feb 5, 2013: REFERRED TO HEALTH

S3511-2013 Memo

BILL NUMBER:S3511

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 chil-
dren's jewelry, recently adopted by the internationally-recognized stan-
dards organization, ASTM (American Society for Testing and Materials)
International. The standard has been endorsed by the U.S. Consumer Prod-
uct Safety Commission (CPSC), the federal agency that administers feder-
al 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 Jewel-
ry.

Subdivision (2) thereof sets forth the requirement that all children's
jewelry manufactured, sold or distributed in the state after the effec-
tive 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 young-
er, 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 safe-
ty 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 stakehold-
er process that included representatives of the CPSC, testing laborato-
ries, 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 potential-
ly 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 Interna-
tional 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.

S3511-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3511
 2013-2014 Regular Sessions
 I N  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 the
 EXPLANATION--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.

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