S4055A-2011 - NY Senate Open Legislation - Regulates cadmium in substrate in children's jewelry

Regulates cadmium in substrate in children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

Sponsor: ALESI / Co-sponsor(s): GRISANTI, KRUEGER, OPPENHEIMER, PARKER, RANZENHOFER / Committee: CONSUMER AFFAIRS AND PROTECTION
Law Section: Public Health Law / Law: Add S1376-b, Pub Health L

S4055A-2011 Actions

Mar 6, 2012: referred to consumer affairs and protection
Mar 6, 2012: DELIVERED TO ASSEMBLY
Mar 6, 2012: PASSED SENATE
Mar 5, 2012: ADVANCED TO THIRD READING
Mar 1, 2012: 2ND REPORT CAL.
Feb 29, 2012: 1ST REPORT CAL.237
Jan 4, 2012: REFERRED TO HEALTH
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 16, 2011: referred to consumer affairs and protection
Jun 16, 2011: DELIVERED TO ASSEMBLY
Jun 16, 2011: PASSED SENATE
Jun 16, 2011: ORDERED TO THIRD READING CAL.1310
Jun 16, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 7, 2011: PRINT NUMBER 4055A
Jun 7, 2011: AMEND (T) AND RECOMMIT TO HEALTH
Mar 15, 2011: REFERRED TO HEALTH

S4055A-2011 Meetings

Health: Feb 29, 2012, Rules: Jun 16, 2011, Rules: Jun 17, 2011

S4055A-2011 Calendars

Active List: Mar 6, 2012 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Jun 16, 2011

S4055A-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2011

Ayes (23): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Smith, Stewart-Cousins
Ayes W/R (1): Perkins

VOTE: FLOOR VOTE: - Jun 16, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Health - Feb 29, 2012

Ayes (16): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins, Peralta
Excused (1): Adams

VOTE: FLOOR VOTE: - Mar 6, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Hassell-Thomps, Oppenheimer

S4055A-2011 Memo

BILL NUMBER:S4055A

TITLE OF BILL:

An act
to amend the public health law, in relation to regulating
cadmium in substrate of children's
jewelry

PURPOSE:

This bill would establish requirements for certain substances in
children's jewelry, consistent with best available science on
protecting children from potential exposure risks, recognizing that
total heavy metal content limits by weight are inconsistent with
available science.

SUMMARY OF PROVISIONS:

Section 1 of the bill defines "child," "children's jewelry,"
"jewelry," and contains exclusions from such definitions.

Also sets forth prohibitions in the manufacture of children's jewelry,
including the use of heavy metals in paint and surface coatings in
excess of certain levels prescribed therein as determined through
solubility testing defined in the ASTM International Safety
Specifications on Toy Safety, ASTM F-963 (formerly known as the
American Society for Testing and Materials); cadmium in plastic
components in excess of certain screening levels prescribed therein
as determined through solubility testing defined in EN-71-3 (the
European Union Standard that concerns the" safety of toys" and
specifies requirements for the migration of certain elements); and
cadmium in metal components in excess of certain screening levels
prescribed therein as determined through testing procedures approved
by the U.S. Consumer Product Safety Commission. Lead in children's
jewelry, toys and other children's products is separately regulated
under federal law.

Section 2 adds the effective date.

JUSTIFICATION:

The U.S. Consumer Product Safety Commission (CPSC) is the federal
agency that administers federal laws concerning children's and other
consumer products. The CPSC protects children and consumers in
general, from exposure to hazardous substances, such as cadmium and
other heavy metals in consumer products, under the Federal Hazardous
Substances Act (FHSA).

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This Act shall take effect one year after it shall have become a law,
and children's jewelry manufactured on or after such date shall
comply with the requirements of this Act.

S4055A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4055--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 15, 2011
 
 Introduced  by  Sens. ALESI, GRISANTI -- read twice and ordered printed,
 and when printed to be committed to the Committee on Health -- commit
 tee discharged, bill amended, ordered reprinted as amended and  recom
 mitted to said committee
 

AN ACT to amend the public health law, in relation to regulating cadmium
 in substrate of children's jewelry
 

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.  REGULATION  OF  CADMIUM IN CERTAIN SUBSTRATE COMPONENTS OF
 CHILDREN'S JEWELRY. 1.  NO CHILDREN'S JEWELRY SHALL BE SOLD OR  DISTRIB
 UTED  IN  THE STATE THAT CONTAINS CADMIUM IN ACCESSIBLE METAL OR PLASTIC
 SUBSTRATE COMPONENTS EXCEEDING THE LEVELS PRESCRIBED IN THIS SECTION.
 2. ACCESSIBLE PLASTIC OR METAL COMPONENTS OF CHILDREN'S  JEWELRY  THAT
 EXCEED  A TOTAL CADMIUM CONTENT SCREENING LEVEL OF 300 PARTS PER MILLION
 (PPM) SHALL MEET THE FOLLOWING MIGRATION LIMITS:

 (A) ACCESSIBLE PLASTIC COMPONENTS OF CHILDREN'S JEWELRY THAT ARE SMALL
 PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 75 PPM CADMIUM, AS
 DETERMINED THROUGH SOLUBILITY TESTING IN ACCORDANCE WITH EUROPEAN  UNION
 STANDARD:  EN-71-3,  TOY  SAFETY  SPECIFICATION FOR MIGRATION OF CERTAIN
 ELEMENTS.
 (B) ACCESSIBLE METAL COMPONENTS OF CHILDREN'S JEWELRY THAT  ARE  SMALL
 PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 200 UG CADMIUM, AS
 DETERMINED  THROUGH  SOLUBILITY TESTING IN ACCORDANCE WITH U.S. CONSUMER
 PRODUCT SAFETY COMMISSION TEST METHOD: CPSCC-CH-E1004-11, STANDARD OPER
 ATING PROCEDURE FOR DETERMINING CADMIUM (CD) EXTRACTABILITY  FROM  CHIL
 DREN'S  METAL  JEWELRY,  APPLYING  AN INTER-LABORATORY CORRECTION FACTOR
 CONSISTENT WITH EN-71-3.
 (C) ACCESSIBLE PLASTIC AND METAL COMPONENTS OF CHILDREN'S JEWELRY THAT
 ARE NOT SMALL PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT  EXCEED  18
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10236-02-1
        S. 4055--A                          2
 UG  CADMIUM,  AS DETERMINED THROUGH SALINE EXTRACTION TESTING IN ACCORD
 ANCE  WITH  THE  U.S.  CONSUMER  PRODUCT  SAFETY   COMMISSION'S   SALINE
 EXTRACTION PROCEDURE.
 3. THE MOST CURRENT DULY ADOPTED REFERENCED TEST METHOD SHALL BE USED.
 ALTERNATIVE  TEST  METHODS MAY BE SUBSTITUTED IF SUCH METHODS ARE DEMON
 STRATED TO BE AS STRINGENT AS, OR MORE STRINGENT  THAN,  THE  REFERENCED
 METHODS.
 4.  FOR  PURPOSES  OF  THIS  SECTION,  "CHILDREN'S JEWELRY" IS JEWELRY
 DESIGNED AND 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  (A) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS,
 (B) ACCESSORIES, (C) APPAREL, (D) FOOTWEAR, OR  (E)  ANY  OTHER  PRODUCT
 WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT ORNAMENTAL.
 

S  2. This act shall take effect one year after it shall have become a
 law, and shall apply only to accessible plastic or metal  components  of
 children's  jewelry  manufactured  on  and after such date, and shall be
 preempted on the date a superseding  federal  standard  for  cadmium  in
 children's jewelry takes effect.

S4055A-2011: Regulates cadmium in substrate in children's jewelry