Bill Text: NY A09561 | 2009-2010 | 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 30-1)

Status: (Introduced - Dead) 2010-01-19 - referred to health [A09561 Detail]

Download: New_York-2009-A09561-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9561
                                 I N  A S S E M B L Y
                                   January 19, 2010
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
   22    (3)  A  DISCRETE  PORTION  OF  A RETAIL STORE, CATALOGUE OR ONLINE WEB
   23  SITE, IN WHICH A PERSON OFFERS FOR  SALE  PRODUCTS  THAT  ARE  PACKAGED,
   24  DISPLAYED OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
   25    2.  In  the absence of a federal standard for a specific type of prod-
   26  uct, the commissioner shall establish the maximum quantity of [lead  or]
   27  cadmium  (and  the manner of testing therefor) which (A) may be released
   28  from  glazed  ceramic  tableware,  crystal,  china  and  other  consumer
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15413-02-0
       A. 9561                             2
    1  products,  AND  (B)  ANY  CHILDREN'S JEWELRY MAY CONTAIN.   Such maximum
    2  quantity shall be based on the best available scientific data and  shall
    3  insure  the  safety  of the public AND CHILDREN by reducing its OR THEIR
    4  exposure  to  [lead  and]  cadmium  to the lowest practicable level. The
    5  commissioner may amend such maximum quantity (and the manner of  testing
    6  therefor)  where  necessary  or appropriate for the safety of the public
    7  AND CHILDREN. Until such maximum quantity of [lead  or]  cadmium  estab-
    8  lished  by the commissioner is effective, no glazed ceramic tableware OR
    9  CHILDREN'S JEWELRY shall be offered for sale  which  releases  [lead  in
   10  excess  of  7  parts  per million, or] cadmium in excess of .5 parts per
   11  million.
   12    [2] 3.  The commissioner is hereby empowered to order the recall of or
   13  confiscation, OR PROHIBIT THE SALE of glazed ceramic tableware, crystal,
   14  china [or], other consumer products OR CHILDREN'S  JEWELRY  offered  for
   15  sale  which  do  not meet the standards set forth in or pursuant to this
   16  section.
   17    [3] 4.  The commissioner [of health] may waive the provisions of  this
   18  section,  WITH  REGARD  TO  GLAZED CERAMIC TABLEWARE, CRYSTAL, CHINA AND
   19  OTHER CONSUMER PRODUCTS, in whole or in  part  upon  a  finding  by  the
   20  commissioner  in  a  particular  instance  that  there is no significant
   21  threat to the public health; with respect to miniatures the commissioner
   22  shall do so, on terms and conditions he or she shall establish,  upon  a
   23  final  judicial  or  administrative  finding  that there is no immediate
   24  public health threat in that instance.
   25    S 2.  This act shall take effect immediately.