S854-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S854-2013 Memo

BILL NUMBER:S854

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 This act shall take effect one year after it shall have
become law, with provisions.

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:

2011-12: S.4055A - Passed the Senate; Died in consumer affairs

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.

S854-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          854
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  PARKER -- 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 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02885-01-3
 
       S. 854                              2
 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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