Bill Text: NY S03947 | 2013-2014 | General Assembly | Amended

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Bill Title: Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-23 - referred to consumer affairs and protection [S03947 Detail]

Download: New_York-2013-S03947-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3947--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2013
                                      ___________
       Introduced by Sens. GRISANTI, O'BRIEN -- read twice and ordered printed,
         and  when printed to be committed to the Committee on Health -- recom-
         mitted to the Committee on Health in accordance with  Senate  Rule  6,
         sec.  8  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the public health law, in relation to  regulating  heavy
         metals, magnets and batteries in children's jewelry; and providing for
         the repeal of such provisions upon expiration thereof
         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.  COMPREHENSIVE  CHILDREN'S  JEWELRY  SAFETY ACT. 1.   DEFI-
    4  NITIONS. AS USED IN THIS SECTION:
    5    (A) "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR INTENDED  PRIMARILY
    6  FOR USE BY CHILDREN TWELVE YEARS OF AGE OR YOUNGER TO BE WORN AS AN ITEM
    7  OF PERSONAL ORNAMENTATION, AND DOES NOT INCLUDE:
    8    (I) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS;
    9    (II) ACCESSORIES;
   10    (III) APPAREL;
   11    (IV) FOOTWEAR; OR
   12    (V)  ANY  OTHER  PRODUCT WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT
   13  ORNAMENTAL.
   14    (B) "ASTM F 2923-11" MEANS THE ASTM (AMERICAN SOCIETY FOR TESTING  AND
   15  MATERIALS)  INTERNATIONAL  STANDARD  SPECIFICATION  FOR CONSUMER PRODUCT
   16  SAFETY FOR CHILDREN'S JEWELRY IN EFFECT ON JANUARY FIRST,  TWO  THOUSAND
   17  FOURTEEN.
   18    2. REQUIREMENTS. ALL CHILDREN'S JEWELRY MANUFACTURED, SOLD OR DISTRIB-
   19  UTED IN THE STATE SHALL MEET THE REQUIREMENTS OF ASTM F 2923-11.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law, and shall remain in effect until a supersed-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02885-03-3
       S. 3947--A                          2
    1  ing  federal standard for children's jewelry takes effect when upon such
    2  date this act shall be deemed repealed; provided that  the  commissioner
    3  of health shall notify the legislative bill drafting commission upon the
    4  promulgation  of  any  such  superseding federal standard for children's
    5  jewelry in order that the commission may maintain an accurate and timely
    6  effective data base of the official text of the laws of the state of New
    7  York in furtherance of effectuating the provisions of section 44 of  the
    8  legislative law and section 70-b of the public officers law.