Bill Text: NY A05548 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A05548 Detail]

Download: New_York-2011-A05548-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5548
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2011
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, MAISEL, GUNTHER, JACOBS, ROBINSON,
         J. RIVERA, CASTRO, JAFFEE, SPANO, ROSENTHAL, GIBSON,  MILLMAN,  BARRON
         --  Multi-Sponsored  by  --  M.   of A. BOYLAND, COLTON, COOK, CRESPO,
         DINOWITZ, GABRYSZAK, HOOPER, MARKEY, McENENY, NOLAN, PHEFFER, SCHIMEL,
         WEISENBERG -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to the sale of  chil-
         dren's jewelry containing cadmium
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1376-a of the public  health  law,  as  amended  by
    2  chapter  485  of  the laws of 1992 and subdivision 3 as added by chapter
    3  721 of the laws of 1993, is amended to read as follows:
    4    S 1376-a. Sale of consumer products containing [lead or] cadmium.   1.
    5  FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
    6  FOLLOWING DEFINITIONS:
    7    (A) "CHILDREN" MEANS CHILDREN AGED TWELVE YEARS AND YOUNGER.
    8    (B) "CHILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR, MARKETED  FOR
    9  USE  BY OR MARKETED TO CHILDREN. CHILDREN'S JEWELRY INCLUDES, BUT IS NOT
   10  LIMITED TO, JEWELRY THAT IS:
   11    (I) REPRESENTED IN ITS PACKAGING, DISPLAY OR ADVERTISING, AS APPROPRI-
   12  ATE FOR USE BY CHILDREN;
   13    (II) SOLD IN CONJUNCTION WITH, ATTACHED TO OR PACKAGED  TOGETHER  WITH
   14  OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED OR ADVERTISED AS APPROPRIATE
   15  FOR USE BY CHILDREN;
   16    (III) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS; OR
   17    (IV) SOLD IN ANY OF THE FOLLOWING:
   18    (1) A VENDING MACHINE,
   19    (2)  A  RETAIL  STORE, CATALOGUE OR ONLINE WEB SITE, IN WHICH A PERSON
   20  EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT  ARE  PACKAGED,  DISPLAYED  OR
   21  ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN, OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09133-01-1
       A. 5548                             2
    1    (3)  A  DISCRETE  PORTION  OF  A RETAIL STORE, CATALOGUE OR ONLINE WEB
    2  SITE, IN WHICH A PERSON OFFERS FOR  SALE  PRODUCTS  THAT  ARE  PACKAGED,
    3  DISPLAYED OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
    4    2.  In  the absence of a federal standard for a specific type of prod-
    5  uct, the commissioner shall establish the maximum quantity of [lead  or]
    6  cadmium  (and  the manner of testing therefor) which (A) may be released
    7  from  glazed  ceramic  tableware,  crystal,  china  and  other  consumer
    8  products,  AND  (B)  ANY  CHILDREN'S JEWELRY MAY CONTAIN.   Such maximum
    9  quantity shall be based on the best available scientific data and  shall
   10  insure  the  safety  of the public AND CHILDREN by reducing its OR THEIR
   11  exposure to [lead and] cadmium to  the  lowest  practicable  level.  The
   12  commissioner  may amend such maximum quantity (and the manner of testing
   13  therefor) where necessary or appropriate for the safety  of  the  public
   14  AND  CHILDREN.  Until  such maximum quantity of [lead or] cadmium estab-
   15  lished by the commissioner is effective, no glazed ceramic tableware  OR
   16  CHILDREN'S  JEWELRY  shall  be  offered for sale which releases [lead in
   17  excess of 7 parts per million, or] cadmium in excess  of  .5  parts  per
   18  million.
   19    [2] 3.  The commissioner is hereby empowered to order the recall of or
   20  confiscation, OR PROHIBIT THE SALE of glazed ceramic tableware, crystal,
   21  china  [or],  other  consumer products OR CHILDREN'S JEWELRY offered for
   22  sale which do not meet the standards set forth in or  pursuant  to  this
   23  section.
   24    [3]  4.  The commissioner [of health] may waive the provisions of this
   25  section, WITH REGARD TO GLAZED CERAMIC  TABLEWARE,  CRYSTAL,  CHINA  AND
   26  OTHER  CONSUMER  PRODUCTS,  in  whole  or  in part upon a finding by the
   27  commissioner in a particular  instance  that  there  is  no  significant
   28  threat to the public health; with respect to miniatures the commissioner
   29  shall  do  so, on terms and conditions he or she shall establish, upon a
   30  final judicial or administrative finding  that  there  is  no  immediate
   31  public health threat in that instance.
   32    S 2.  This act shall take effect immediately.