Bill Text: NY S00854 | 2013-2014 | General Assembly | Introduced

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Bill Title: Regulates cadmium in substrate in children's jewelry; provides that no children's jewelry shall be sold or distributed in this state that contains cadmium in accessible metal or plastic substrate components exceeding certain levels.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S00854 Detail]

Download: New_York-2013-S00854-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          854
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (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:
    1    Section  1.   The public health law is amended by adding a new section
    2  1376-b to read as follows:
    3    S 1376-B. REGULATION OF CADMIUM IN  CERTAIN  SUBSTRATE  COMPONENTS  OF
    4  CHILDREN'S  JEWELRY. 1.  NO CHILDREN'S JEWELRY SHALL BE SOLD OR DISTRIB-
    5  UTED IN THE STATE THAT CONTAINS CADMIUM IN ACCESSIBLE METAL  OR  PLASTIC
    6  SUBSTRATE COMPONENTS EXCEEDING THE LEVELS PRESCRIBED IN THIS SECTION.
    7    2.  ACCESSIBLE  PLASTIC OR METAL COMPONENTS OF CHILDREN'S JEWELRY THAT
    8  EXCEED A TOTAL CADMIUM CONTENT SCREENING LEVEL OF 300 PARTS PER  MILLION
    9  (PPM) SHALL MEET THE FOLLOWING MIGRATION LIMITS:
   10    (A) ACCESSIBLE PLASTIC COMPONENTS OF CHILDREN'S JEWELRY THAT ARE SMALL
   11  PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 75 PPM CADMIUM, AS
   12  DETERMINED  THROUGH SOLUBILITY TESTING IN ACCORDANCE WITH EUROPEAN UNION
   13  STANDARD: EN-71-3, TOY SAFETY SPECIFICATION  FOR  MIGRATION  OF  CERTAIN
   14  ELEMENTS.
   15    (B)  ACCESSIBLE  METAL COMPONENTS OF CHILDREN'S JEWELRY THAT ARE SMALL
   16  PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 200 UG CADMIUM, AS
   17  DETERMINED THROUGH SOLUBILITY TESTING IN ACCORDANCE WITH  U.S.  CONSUMER
   18  PRODUCT SAFETY COMMISSION TEST METHOD: CPSCC-CH-E1004-11, STANDARD OPER-
   19  ATING  PROCEDURE  FOR DETERMINING CADMIUM (CD) EXTRACTABILITY FROM CHIL-
   20  DREN'S METAL JEWELRY, APPLYING  AN  INTER-LABORATORY  CORRECTION  FACTOR
   21  CONSISTENT WITH EN-71-3.
   22    (C) ACCESSIBLE PLASTIC AND METAL COMPONENTS OF CHILDREN'S JEWELRY THAT
   23  ARE  NOT  SMALL PARTS AS DEFINED IN 16 C.F.R. 1501.4 SHALL NOT EXCEED 18
   24  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
    1  ANCE   WITH   THE  U.S.  CONSUMER  PRODUCT  SAFETY  COMMISSION'S  SALINE
    2  EXTRACTION PROCEDURE.
    3    3. THE MOST CURRENT DULY ADOPTED REFERENCED TEST METHOD SHALL BE USED.
    4  ALTERNATIVE  TEST  METHODS MAY BE SUBSTITUTED IF SUCH METHODS ARE DEMON-
    5  STRATED TO BE AS STRINGENT AS, OR MORE STRINGENT  THAN,  THE  REFERENCED
    6  METHODS.
    7    4.  FOR  PURPOSES  OF  THIS  SECTION,  "CHILDREN'S JEWELRY" IS JEWELRY
    8  DESIGNED AND INTENDED PRIMARILY FOR USE BY CHILDREN TWELVE YEARS OF  AGE
    9  OR YOUNGER TO BE WORN AS AN ITEM OF PERSONAL ORNAMENTATION, AND DOES NOT
   10  INCLUDE  (A) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS,
   11  (B) ACCESSORIES, (C) APPAREL, (D) FOOTWEAR, OR  (E)  ANY  OTHER  PRODUCT
   12  WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT ORNAMENTAL.
   13    S  2. This act shall take effect one year after it shall have become a
   14  law, and shall apply only to accessible plastic or metal  components  of
   15  children's  jewelry  manufactured  on  and after such date, and shall be
   16  preempted on the date a superseding  federal  standard  for  cadmium  in
   17  children's jewelry takes effect.