Directs the commissioner of health to establish standards for the cadmium that children's jewelry may contain

Title of bill

An act to amend the public health law, in relation to the sale of children's jewelry containing cadmium

Purpose

To protect children from cadmium exposure through children's jewelry products.

Summary of provisions

Section 1376-a of the Public Health Law, as amended by Chapter 485 of the Laws of 1992 and subdivision 3 as added by Chapter 721 of the Laws of 1993, is amended to define children and children's jewelry. In addition, in the absence of a federal standard, the Commissioner of the Department of Health shall establish the maximum quantity of cadmium for children's jewelry offered for sale as currently exists for glazed ceramic tableware.

Existing law

New York State law does not specifically ban the use of cadmium in children's jewelry

Justification

Disturbing information has recently emerged from an Associated Press investigative report that Chinese manufacturers of children's jewelry and toys have been substituting the heavy metal cadmium for lead in inexpensive pendants and charm bracelets exported into the United States marketplace. This change has undoubtedly occurred as a result of the new federal Consumer Product Safety Improvement Act of 2008 (CPSIA) which sets strict limits on the amount of lead which may be present in any part of a children's product, including children's metal jewelry.

Cadmium is a known carcinogen which can hinder brain development in children and cause kidney, lung and intestinal damage. In fact, cadmium ranks number seven on the U.S. Centers for Disease Control and Prevention's list of 275 most hazardous substances in the environment. This is extremely close to lead which currently falls at number two on the same list. Certainly, a switch to another dangerous metal like cadmium from lead was not the goal of the CPSIA and must be addressed quickly before children become sick from cadmium exposure.

Even more troubling is the fact that these items have already been found in retail establishments in New York State. Specifically, charms from "Rudolph the Red-Nosed Reindeer" bracelets were purchased at a discount store in the City of Rochester. These items alarmingly tested and measured at between 82 and 91 percent cadmium. The charms contained so much cadmium that if they had been different items they would have fallen under federal environmental laws for specific handling and disposal. Instead, our children have these items on their wrists and perhaps in their mouths. In addition, large retailers across the nation have many products on their shelves that contain high amounts of cadmium including popular bracelets and necklace pendants being marketed to little girls. To make matters worse, many of these items performed poorly in testing procedures which simulate the leaching of the chemical in a child's stomach. Children are most likely to be exposed to cadmium poisoning by sucking on and/or biting the affected jewelry or by swallowing it.

Therefore. this legislation will add children's jewelry to New York State's Public Health Law regulating the use of cadmium in consumer products to set a strict standard for any amount contained in jewelry marketed to children.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.