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.