Bill Text: NY S02440 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulates cadmium in substrate components of 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) 2018-01-03 - REFERRED TO HEALTH [S02440 Detail]

Download: New_York-2017-S02440-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2440
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        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    § 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.
                                                                   LBD06629-01-7
        S. 2440                             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    §  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.