S T A T E O F N E W Y O R K ________________________________________________________________________ 1158 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. SWEENEY, ENGLEBRIGHT, LIFTON, JAFFEE, CYMBROWITZ, GALEF, COOK, PAULIN, SPANO, ROSENTHAL, HIKIND, WEISENBERG, MARKEY, COLTON, CASTRO, MAISEL, GLICK, KAVANAGH -- Multi-Sponsored by -- M. of A. GABRYSZAK, GIBSON, GUNTHER, HOOPER, McENENY, MENG, M. MILLER, NOLAN, PEOPLES-STOKES, REILLY, SCHIMEL -- read once and referred 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: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 2 to read as follows: 3 TITLE 2 4 CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS 5 SECTION 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS. 6 S 27-0201. CADMIUM-ADDED NOVELTY CONSUMER PRODUCTS. 7 1. "CADMIUM-ADDED NOVELTY CONSUMER PRODUCT" MEANS A PRODUCT INTENDED 8 MAINLY FOR PERSONAL USE OR ADORNMENT THAT CONTAINS CADMIUM IN AN AMOUNT 9 EQUAL TO OR IN EXCESS OF .0075 PER CENT BY WEIGHT. CADMIUM-ADDED NOVEL- 10 TY CONSUMER PRODUCTS INCLUDE BUT ARE NOT LIMITED TO JEWELRY, TOYS AND 11 ORNAMENTS. 12 2. ON AND AFTER JUNE 1, 2013, NO PERSON SHALL SELL, OFFER FOR SALE OR 13 DISTRIBUTE FREE OF CHARGE IN THE STATE ANY CADMIUM-ADDED NOVELTY CONSUM- 14 ER PRODUCT. A MANUFACTURER THAT PRODUCES OR THAT SELLS CADMIUM-ADDED 15 NOVELTY CONSUMER PRODUCTS SHALL NOTIFY RETAILERS THAT SELL SUCH PRODUCTS 16 ABOUT THE PRODUCT BAN AND INFORM SUCH RETAILERS HOW TO PROPERLY DISPOSE 17 OF THE REMAINING INVENTORY. 18 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02955-01-1