Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6769
SPONSOR: Englebright (MS) TITLE OF BILL:
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
PURPOSE:
This bill would establish comprehensive safety requirements for chil-
dren's jewelry, including limits on cadmium in substrate of children's
jewelry, recently adopted by the internationally-recognized standards
organization, ASTM (American Society for Testing and Materials) Interna-
tional. The standard has been endorsed by the U.S. Consumer Product
Safety Commission (CPSC), the federal agency that administers federal
laws concerning children's and other consumer product safety, and is
similar to safety requirements for toys.
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new Section 1376-b to the Public
Health Law entitled: the "Comprehensive Children's Jewelry Safety Act."
Paragraph (a) of subdivision (1) thereof, defines "children's jewelry"
and sets forth certain exclusions therefrom.
Paragraph (b) of subdivision (1) thereof, defines "ASTM F 2923-11," as
the ASTM (American Society for Testing and Materials) International
Standard Specification for Consumer Product Safety for Children's Jewel-
ry.
Subdivision (2) thereof sets forth the requirement that all children's
jewelry manufactured, sold or distributed in the state after the effec-
tive date of the Section shall meet the requirements of ASTM F 2923-11.
Section 2 of the bill adds the effective date.
JUSTIFICATION:
This legislation would regulate heavy metals, magnets and batteries in
children's jewelry intended for children age 12 and younger, be consist-
ent with the Consumer Product Safety Improvement Act of 2008 (CPSIA), by
incorporating by reference the comprehensive requirements of the ASTM
International F 2923-11 Standard Specification for Consumer Product
Safety for Children's jewelry, that contains the following safety
requirements:
(1) Limits on lead in paint/surface coatings and substrate, consistent
with the current requirements of the CPSIA.
(2) Migration limits for heavy metals (except lead) in paint and surface
coatings, identical to those in the ASTM F-963 toy safety standard.
(3) A total content screening limit for cadmium in all metal (including
precious metal) and plastic components of jewelry, coupled with
migration standards for plastic or metal components that exceed the
screening limit, as recommended by CPSC. The migration tests vary
depending on whether potential exposures relate to possible ingestion(in
which-case acid extraction tests are required), or to mouthing (in which
case a simulated saliva test is required).
(4) Exemptions from the cadmium limits for other materials (crystal,
glass, gemstones, natural materials, etc.) given the absence of data
suggesting an exposure risk.
(5) Limits on nickel migration, consistent with international jewelry
standards.
(6) Requirements for magnets and batteries in jewelry.
(7) Guidelines on identifying children's jewelry. The ASTM Interna-
tional F 2923-11 Standard Specification for Consumer Product Safety for
Children's Jewelry was developed through a stakeholder process that
included representatives of the CPSC, testing laboratories, consumer
representatives, and industry members, consistent with best available
science on protecting children from potential exposure risks. In partic-
ular, the cadmium limits were developed at the express urging of the
CPSC Chairman and staff in light of its extensive testing of cadmium in
jewelry, reflected in a comprehensive technical report, Measuring Cadmi-
um in Metal Jewelry, October, 2010, available at:
http://www.cpsc.gov/LIBRARY/FOIA/FOTAll/osicadmiumjewelry.pdf.
This bill would adopt a comprehensive set of safety requirements for
children's jewelry, to control children's risk of exposure to potential-
ly hazardous levels of cadmium and other substances, and would also
impose new requirements for magnets and batteries in children's jewelry.
New York, as one of the centers of the U.S. jewelry industry, would
hopefully join Rhode Island, as the second state to adopt the federal
standard for children's jewelry safety, established under ASTM Interna-
tional F 2923-11 Standard Specification for Consumer Product Safety for
Children's Jewelry.
PRIOR LEGISLATIVE HISTORY:
2013-14 A5970 referred to consumer affairs and protection
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This Act shall take effect one hundred eighty days (180) after it shall
have become a law, and shall remain in effect until a superseding feder-
al standard for children's jewelry takes effect.
STATE OF NEW YORK
________________________________________________________________________
6769
2015-2016 Regular Sessions
IN ASSEMBLY
April 1, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, WEPRIN -- read once and referred to
the Committee on Consumer Affairs and Protection
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 § 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 fifteen.
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 § 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-
22 ing federal standard for children's jewelry takes effect when upon such
23 date this act shall be deemed repealed; provided that the commissioner
24 of health shall notify the legislative bill drafting commission upon the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06741-01-5
A. 6769 2
1 promulgation of any such superseding federal standard for children's
2 jewelry in order that the commission may maintain an accurate and timely
3 effective data base of the official text of the laws of the state of New
4 York in furtherance of effectuating the provisions of section 44 of the
5 legislative law and section 70-b of the public officers law.
