Bill Text: NY A08978 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to labeling requirements of certain jewelry containing lead.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2020-04-17 - SIGNED CHAP.43 [A08978 Detail]
Download: New_York-2019-A08978-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8978 IN ASSEMBLY January 7, 2020 ___________ Introduced by M. of A. RYAN -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to labeling requirements of certain jewelry containing lead The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 37-0115 of the environmental conservation law, as 2 added by a chapter of the laws of 2019 amending the environmental 3 conservation law relating to jewelry containing lead, as proposed in 4 legislative bills numbers S.4046 and A.6041, is amended to read as 5 follows: 6 § 37-0115. Lead-containing jewelry. 7 For purposes of this section, the following terms shall have the 8 following definitions: 9 1. "Body piercing jewelry" means any part of jewelry that is manufac- 10 tured or sold for placement in a new piercing or a mucous membrane, but 11 does not include any part of that jewelry that is not placed within a 12 new piercing or a mucous membrane. 13 2. "Children" means children under the age of twelve. 14 3. "Children's jewelry" means jewelry that is made for, marketed for 15 use by, or marketed to, children and includes jewelry that meets any of 16 the following conditions: 17 (a) Represented in its packaging, display, or advertising, as appro- 18 priate for use by children. 19 (b) Sold in conjunction with, attached to, or packaged together with 20 other products that are packaged, displayed, or advertised as appropri- 21 ate for use by children. 22 (c) Sized for children and not intended for use by adults. 23 (d) Sold in any of the following: 24 (1) A vending machine. 25 (2) Retail store, catalogue, or online web site, in which a person 26 exclusively offers for sale products that are packaged, displayed, or 27 advertised as appropriate for use by children. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08023-02-9A. 8978 2 1 (3) A discrete portion of a retail store, catalogue, or online web 2 site, in which a person offers for sale products that are packaged, 3 displayed, or advertised as appropriate for use by children. 4 4. "Jewelry" means any of the following ornaments worn by a person: 5 (a) ankle bracelet; 6 (b) arm cuff; 7 (c) bracelet; 8 (d) brooch; 9 (e) chain; 10 (f) crown; 11 (g) cuff link; 12 (h) hair accessory; 13 (i) earring; 14 (j) necklace; 15 (k) decorative pin; 16 (l) ring; 17 (m) body piercing jewelry; 18 (n) jewelry placed in the mouth for display or ornament; 19 (o) any charm, bead, chain, link, pendant, or other component of the 20 items listed in this definition; 21 (p) a charm, bead, chain, link, pendant, or other attachment to shoes 22 or clothing that can be removed and may be used as a component of an 23 item listed in this definition; 24 (q) a watch in which a timepiece is a component of an item listed in 25 this definition, excluding the timepiece itself if the timepiece can be 26 removed from the ornament. 27 5. Effective January first, two thousand twenty-one, no manufacturer 28 shall sell, or offer for sale, children's jewelry that [contain] 29 contains a total lead content in any component part of the item that is 30 more than 0.004% (40 parts per million) but less than [0.06% (600] 0.01% 31 (100 parts per million) by total weight or a lower standard for lead 32 content as may be established by federal or state law or rule unless 33 that item bears a warning statement that indicates that at least one 34 component part of the item contains lead. 35 The warning statement for children's jewelry shall contain at least 36 the following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR 37 CHEWED. [COMPLIES WITH FEDERAL STANDARDS.]" 38 A manufacturer is in compliance if the warning statement is provided 39 on the children's jewelry or on the label on the immediate container of 40 the children's jewelry. 41 The warning statement requirement does not apply to any children's 42 jewelry: 43 (a) for which federal law governs warning in a manner that preempts 44 state authority; 45 (b) if the component parts of the children's jewelry containing lead 46 are inaccessible to a child through normal and reasonably foreseeable 47 use and abuse as defined by the United States Consumer Product Safety 48 Commission; 49 (c) if the component parts in question are exempt from third-party 50 testing as determined by the United States Consumer Product Safety 51 Commission; or 52 (d) to children's jewelry resold or offered for resale, or distributed 53 by consumers for consumer use. 54 § 2. Section 71-3705 of the environmental conservation law, as added 55 by a chapter of the laws of 2019 amending the environmental conservationA. 8978 3 1 law relating to jewelry containing lead, as proposed in legislative 2 bills numbers S.4046 and A.6041, is amended to read as follows: 3 § 71-3705. Enforcement of section 37-0115. 4 1. Any person who violates any provision of or fails to perform any 5 duty imposed by section 37-0115 of this chapter shall upon the first 6 finding of such a violation be liable for a civil penalty not to exceed 7 five hundred dollars for each violation. Any person convicted of a 8 second or subsequent violation shall be liable for a civil penalty not 9 to exceed twenty-five hundred dollars for each violation. 10 [2. Penalties under this section shall be assessed by the commissioner11after a hearing pursuant to the provisions of section 71-1709 of this12article. In assessing the penalty under this section, the commissioner13shall consider: the nature and extent of the violation; the number and14severity of the violations; the economic effect of the penalty on the15violator; whether the violator took good faith measures to comply with16this chapter; the willfulness of the violator's misconduct; the deter-17rent effect that the imposition of the penalty would have on both the18violator and the regulated community as a whole; and other factors that19the commissioner deems appropriate and relevant. Any person found to20have violated section 37-0115 of this chapter may be enjoined from21continuing such violation.223.] 2. All civil penalties and fines collected for any violation of 23 section 37-0115 of this chapter shall be paid over to the commissioner 24 for deposit in the environmental protection fund established by section 25 ninety-two-s of the state finance law. 26 § 3. This act shall take effect on the same date and in the same 27 manner as a chapter of the laws of 2019 amending the environmental 28 conservation law relating to jewelry containing lead, as proposed in 29 legislative bills numbers S.4046 and A.6041, takes effect.