Bill Text: NY S04055 | 2011-2012 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-06 - referred to consumer affairs and protection [S04055 Detail]

Download: New_York-2011-S04055-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4055--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 15, 2011
                                      ___________
       Introduced  by  Sens. ALESI, GRISANTI -- read twice and ordered printed,
         and when printed to be committed to the Committee on Health -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10236-02-1
       S. 4055--A                          2
    1  UG  CADMIUM,  AS DETERMINED THROUGH SALINE EXTRACTION TESTING IN ACCORD-
    2  ANCE  WITH  THE  U.S.  CONSUMER  PRODUCT  SAFETY   COMMISSION'S   SALINE
    3  EXTRACTION PROCEDURE.
    4    3. THE MOST CURRENT DULY ADOPTED REFERENCED TEST METHOD SHALL BE USED.
    5  ALTERNATIVE  TEST  METHODS MAY BE SUBSTITUTED IF SUCH METHODS ARE DEMON-
    6  STRATED TO BE AS STRINGENT AS, OR MORE STRINGENT  THAN,  THE  REFERENCED
    7  METHODS.
    8    4.  FOR  PURPOSES  OF  THIS  SECTION,  "CHILDREN'S JEWELRY" IS JEWELRY
    9  DESIGNED AND INTENDED PRIMARILY FOR USE BY CHILDREN TWELVE YEARS OF  AGE
   10  OR YOUNGER TO BE WORN AS AN ITEM OF PERSONAL ORNAMENTATION, AND DOES NOT
   11  INCLUDE  (A) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS,
   12  (B) ACCESSORIES, (C) APPAREL, (D) FOOTWEAR, OR  (E)  ANY  OTHER  PRODUCT
   13  WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT ORNAMENTAL.
   14    S  2. This act shall take effect one year after it shall have become a
   15  law, and shall apply only to accessible plastic or metal  components  of
   16  children's  jewelry  manufactured  on  and after such date, and shall be
   17  preempted on the date a superseding  federal  standard  for  cadmium  in
   18  children's jewelry takes effect.