S T A T E O F N E W Y O R K
________________________________________________________________________
9561
I N A S S E M B L Y
January 19, 2010
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the sale of chil-
dren's jewelry containing cadmium
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1376-a of the public health law, as amended by
2 chapter 485 of the laws of 1992 and subdivision 3 as added by chapter
3 721 of the laws of 1993, is amended to read as follows:
4 S 1376-a. Sale of consumer products containing [lead or] cadmium. 1.
5 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
6 FOLLOWING DEFINITIONS:
7 (A) "CHILDREN" MEANS CHILDREN AGED TWELVE YEARS AND YOUNGER.
8 (B) "CHILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR, MARKETED FOR
9 USE BY OR MARKETED TO CHILDREN. CHILDREN'S JEWELRY INCLUDES, BUT IS NOT
10 LIMITED TO, JEWELRY THAT IS:
11 (I) REPRESENTED IN ITS PACKAGING, DISPLAY OR ADVERTISING, AS APPROPRI-
12 ATE FOR USE BY CHILDREN;
13 (II) SOLD IN CONJUNCTION WITH, ATTACHED TO OR PACKAGED TOGETHER WITH
14 OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED OR ADVERTISED AS APPROPRIATE
15 FOR USE BY CHILDREN;
16 (III) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS; OR
17 (IV) SOLD IN ANY OF THE FOLLOWING:
18 (1) A VENDING MACHINE,
19 (2) A RETAIL STORE, CATALOGUE OR ONLINE WEB SITE, IN WHICH A PERSON
20 EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED, DISPLAYED OR
21 ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN, OR
22 (3) A DISCRETE PORTION OF A RETAIL STORE, CATALOGUE OR ONLINE WEB
23 SITE, IN WHICH A PERSON OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,
24 DISPLAYED OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
25 2. In the absence of a federal standard for a specific type of prod-
26 uct, the commissioner shall establish the maximum quantity of [lead or]
27 cadmium (and the manner of testing therefor) which (A) may be released
28 from glazed ceramic tableware, crystal, china and other consumer
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15413-02-0
A. 9561 2
1 products, AND (B) ANY CHILDREN'S JEWELRY MAY CONTAIN. Such maximum
2 quantity shall be based on the best available scientific data and shall
3 insure the safety of the public AND CHILDREN by reducing its OR THEIR
4 exposure to [lead and] cadmium to the lowest practicable level. The
5 commissioner may amend such maximum quantity (and the manner of testing
6 therefor) where necessary or appropriate for the safety of the public
7 AND CHILDREN. Until such maximum quantity of [lead or] cadmium estab-
8 lished by the commissioner is effective, no glazed ceramic tableware OR
9 CHILDREN'S JEWELRY shall be offered for sale which releases [lead in
10 excess of 7 parts per million, or] cadmium in excess of .5 parts per
11 million.
12 [2] 3. The commissioner is hereby empowered to order the recall of or
13 confiscation, OR PROHIBIT THE SALE of glazed ceramic tableware, crystal,
14 china [or], other consumer products OR CHILDREN'S JEWELRY offered for
15 sale which do not meet the standards set forth in or pursuant to this
16 section.
17 [3] 4. The commissioner [of health] may waive the provisions of this
18 section, WITH REGARD TO GLAZED CERAMIC TABLEWARE, CRYSTAL, CHINA AND
19 OTHER CONSUMER PRODUCTS, in whole or in part upon a finding by the
20 commissioner in a particular instance that there is no significant
21 threat to the public health; with respect to miniatures the commissioner
22 shall do so, on terms and conditions he or she shall establish, upon a
23 final judicial or administrative finding that there is no immediate
24 public health threat in that instance.
25 S 2. This act shall take effect immediately.