Bill S4055A-2011

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.

Details

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

Votes

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4055--A 2011-2012 Regular Sessions IN 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
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.

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