Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue, lip or nose piercing and requires a warning printed on the packaging of any other products containing a small magnet.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2650
SPONSOR: Weprin (MS) TITLE OF BILL:
An act to amend the general business law, in relation to products
containing small magnets
PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits the sale of magnetic jewelry which is meant to mimic
a tongue, lip or nose piercing and requires a warning printed on other
products containing a small magnet.
SUMMARY OF SPECIFIC PROVISIONS:
1: 1. Adds a new section, 396-11 to the general business law entitled
"Products containing small magnets." It defines small magnets as those
which can fit into a 2.25 by 1.25 inch small parts test cylinder.
2. Prohibits persons, firms, corporations and other legal entities from
selling or distributing jewelry meant to mimic a tongue, lip or nose
piercing containing small magnets.
3. Requires persons, firms, corporations and other legal entities which
sell or distribute any children's product or magnet novelty consumer
product, as defined in the bill, containing a small magnet to affix
clear warning labels stating "Warning! This product contains magnets.
Magnets sticking together or becoming attached to a metallic object
inside the human body can cause serious or fatal injury. Seek immediate
medical attention of one or more magnets are swallowed or inhaled."
4. Authorizes the attorney general to file an application for an injunc-
tion on behalf of the people of New York in the event of a violation.
States the judge may file an injunction without requiring Proof that a
person has been injured. If the court has determined a violation has
occurred, the court may impose a civil penalty of not more than two
thousand dollars.
§ 2 This act shall take effect on the 120th day after it shall have
become law.
JUSTIFICATION:
If swallowed or inhaled, magnets can attach to each other or other
metallic objects in the body and cause severe internal damage. While
this fact should lead on to the logical conclusion that one should not
put magnets in your mouth, some retailers presently sell magnetic jewel-
ry meant to mimic a tongue, lip or nose piercing. In 2006 the Centers
for Disease Control and Prevention issued a warning about the health
risks posed by these products. In January 2012, a Brooklyn boy was
rushed to the hospital after swallowing just this type of magnetic faux
tongue ring. If not treated immediately, swallowing a magnet can cause
damage almost the equivalent of a gunshot abdominal wound. At least 22
kids have swallowed magnets of all types in the last three years accord-
ing the US Consumer Product Safety Commission. It is important that we
take action to remove these magnetic tongue rings from the market and
alert consumers of the danger small magnets pose if ingested.
PRIOR LEGISLATIVE HISTORY:
01/27/12 referred to consumer affairs and protection
04/10/12 amend and recommit to consumer affairs and protection
04/10/12 print number 9140a
04/26/12 amend and recommit to consumer affairs and protection
04/26/12 print number 9140b
05/01/12 reported referred to codes
05/24/12 amend and recommit to codes
05/24/12 print number 9140c
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
law.
STATE OF NEW YORK
________________________________________________________________________
2650
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of
A. McKEVITT, PERRY, RIVERA, SCARBOROUGH, TITUS, ZEBROWSKI -- read once
and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to products
containing small magnets
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 396-ll to read as follows:
3 § 396-ll. Products containing small magnets. 1. For purposes of this
4 section:
5 (a) "small magnet" shall mean a magnet that can fit completely into a
6 specially designed test cylinder 2.25 inches long by 1.25 inches wide
7 that approximates the size of the fully expanded throat of a child under
8 three years old, commonly referred to as the small parts cylinder, as
9 prescribed in 16 CFR Section 1501.4, Figure 1; and
10 (b) "magnet novelty consumer product" shall mean a product marketed to
11 adults for the purposes of leisure or stress relief that contains a
12 magnet or magnets. Magnet novelty consumer products include, but are not
13 limited to, office toys, desktop toys, desk toys, stress relief toys,
14 and puzzles.
15 2. No person, firm, partnership, association or corporation shall
16 manufacture, sell at retail, offer to sell, or distribute at retail, any
17 jewelry product that includes a small magnet and which is marketed as a
18 product designed to mimic a tongue, lip or nose piercing.
19 3. No person, firm, corporation or other legal entity shall manufac-
20 ture, sell at retail, offer to sell at retail, or distribute any magnet
21 novelty consumer product containing a small magnet unless such person,
22 firm, corporation or other legal entity causes a notice, which is clear-
23 ly visible to the consumer and printed in clear and conspicuous type, to
24 appear on the package in which such product is sold or offered for sale,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07335-01-5
A. 2650 2
1 or if unpackaged, on a label or tag affixed to the product. Such notice
2 shall consist of the signal word "WARNING" and contain, at a minimum,
3 the following text or equivalent text which clearly conveys the same
4 warning:
5 "This product contains (a) small magnet(s). Swallowed magnets can
6 stick together across intestines causing serious infections and death.
7 Seek immediate medical attention if magnet(s) are swallowed or inhaled."
8 4. This section shall not apply to products that comply with the
9 magnet safety and labeling requirements of ASTM F963-11 or any subse-
10 quent revisions of such standard.
11 5. The department of state shall promulgate rules and regulations
12 necessary to carry out the provisions of this section.
13 6. Whenever there shall be a violation of this section, an application
14 may be made by the attorney general in the name of the people of the
15 state of New York, to a court or justice having jurisdiction by a
16 special proceeding to issue an injunction, and upon notice to the
17 defendant of not less than five days, to enjoin and restrain the contin-
18 uance of such violation; and if it shall appear to the satisfaction of
19 the court or justice that the defendant has, in fact, violated this
20 section, an injunction may be issued by the court or justice, enjoining
21 and restraining any further violations, without requiring proof that any
22 person has, in fact, been injured or damaged thereby. In any such
23 proceeding, the court may make allowances to the attorney general as
24 provided in paragraph six of subdivision (a) of section eighty-three
25 hundred three of the civil practice law and rules, and direct restitu-
26 tion. Whenever the court shall determine that a violation of this
27 section has occurred, the court may impose a civil penalty of not more
28 than two thousand dollars. In connection with any such proposed appli-
29 cation, the attorney general is authorized to take proof and make a
30 determination of the relevant facts and to issue subpoenas in accordance
31 with the civil practice law and rules.
32 § 2. This act shall take effect on the one hundred twentieth day after
33 it shall have become a law. Effective immediately, the addition, amend-
34 ment and/or repeal of any rule or regulation necessary for the implemen-
35 tation of this act on its effective date are authorized to be made on or
36 before such effective date.
