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History
- Referred to consumer affairs and protection
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1493
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Regulates heavy metals, magnets and batteries in children's jewelry
In Assembly Committee · Consumer Affairs And Protection · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7715
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 children'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) International. 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.
Read the full memo (646 words)
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 Jewelry.
Subdivision (2) thereof sets forth the requirement that all children's jewelry manufactured, sold or distributed in the state after the effective 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, consistent 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 International 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 particular, 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 Cadmium in Metal Jewelry, October, 2010, available at: http://www.cpsc.gov/LIBRARY/FOIA/FOIA11/os/cadmiumjewelry.pdf.
This bill would adopt a comprehensive set of safety requirements for children's jewelry, to control children's risk of exposure to potentially 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 International F 2923-11 Standard Specification for Consumer Product Safety for Children's Jewelry.
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 federal standard for children's jewelry takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.