Relates to the regulation of cadmium-added novelty consumer products.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to cadmium-added novelty consumer products
PURPOSE OF THE BILL: This bill would prohibit the sale of jewelry, toys or ornaments to which cadmium has been added intentionally during formulation or manufacturing.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Environmental Conservation Law by adding a new title 2 to Article 27 that will:
* define "cadmium-added consumer novelty product" to mean a product intended for personal use or adornment that contains cadmium in an amount equal to or in excess of .0075 percent by weight.
* prohibit the sale, offer for sale or free distribution of cadmium-added novelty consumer products after June 1, 2015; and,
* require a manufacturer that produces or sells cadmium-added novelty products to notify retailers of such ban and inform them how to properly dispose of the remaining inventory.
Section 2 of the bill creates and immediate effective date.
JUSTIFICATION: Cadmium is a metal that is inexpensive, malleable and highly resistant to corrosion, making it desirable for use in plastics as a stabilizer and in electroplating; however cadmium interferes with how the body uses calcium and has been associated with harmful health impacts including cancer and kidney disease.
An Associated Press story found high levels of cadmium in low priced children's jewelry on sale in the United States. This legislation would help protect the health and safety of children and consumers by prohibiting the inclusion of cadmium in jewelry, toys and ornaments.
PRIOR LEGISLATIVE HISTORY: 2010 Assembly Bill 9755-B (Sweeney)(Reported and Referred to Rules) 2011-2012 Assembly Bill A1158 (Sweeney)(Passed)/S2729 (Fuschillo) 2013-2014 Assembly Bill A4822 (Sweeney)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6729 IN SENATE March 4, 2014 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to cadmium-added novelty consumer products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 27 of the environmental conservation law is amended by adding a new title 2 to read as follows: TITLE 2 CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS SECTION 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS. S 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS. 1. "CADMIUM-ADDED NOVELTY CONSUMER PRODUCT" MEANS A PRODUCT INTENDED MAINLY FOR PERSONAL USE OR ADORNMENT THAT CONTAINS CADMIUM IN AN AMOUNT EQUAL TO OR IN EXCESS OF .0075 PER CENT BY WEIGHT. CADMIUM-ADDED NOVEL- TY CONSUMER PRODUCTS INCLUDE BUT ARE NOT LIMITED TO JEWELRY, TOYS AND ORNAMENTS. 2. ON AND AFTER JUNE 1, 2015, NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE FREE OF CHARGE IN THE STATE ANY CADMIUM-ADDED NOVELTY CONSUM- ER PRODUCT. A MANUFACTURER THAT PRODUCES OR THAT SELLS CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS SHALL NOTIFY RETAILERS THAT SELL SUCH PRODUCTS ABOUT THE PRODUCT BAN AND INFORM SUCH RETAILERS HOW TO PROPERLY DISPOSE OF THE REMAINING INVENTORY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01417-01-3