BILL NUMBER:S3947

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.

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 cn 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/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
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.

PRIOR LEGISLATIVE HISTORY: 2011-12 S7715 - Passed senate/A6758b
-Referred to Consumer Affairs & 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 federal standard for children's jewelry takes
effect.