S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6769

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, WEPRIN -- read once and referred to
  the Committee on Consumer Affairs and Protection

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The public health law is amended by adding a  new  section
1376-b to read as follows:
  S  1376-B.  COMPREHENSIVE  CHILDREN'S  JEWELRY  SAFETY ACT. 1.   DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A) "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR INTENDED  PRIMARILY
FOR USE BY CHILDREN TWELVE YEARS OF AGE OR YOUNGER TO BE WORN AS AN ITEM
OF PERSONAL ORNAMENTATION, AND DOES NOT INCLUDE:
  (I) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS;
  (II) ACCESSORIES;
  (III) APPAREL;
  (IV) FOOTWEAR; OR
  (V)  ANY  OTHER  PRODUCT WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT
ORNAMENTAL.
  (B) "ASTM F 2923-11" MEANS THE ASTM (AMERICAN SOCIETY FOR TESTING  AND
MATERIALS)  INTERNATIONAL  STANDARD  SPECIFICATION  FOR CONSUMER PRODUCT
SAFETY FOR CHILDREN'S JEWELRY IN EFFECT ON JANUARY FIRST,  TWO  THOUSAND
FIFTEEN.
  2. REQUIREMENTS. ALL CHILDREN'S JEWELRY MANUFACTURED, SOLD OR DISTRIB-
UTED IN THE STATE SHALL MEET THE REQUIREMENTS OF ASTM F 2923-11.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall remain in effect until a supersed-
ing  federal standard for children's jewelry takes effect when upon such
date this act shall be deemed repealed; provided that  the  commissioner
of health shall notify the legislative bill drafting commission upon the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06741-01-5
              

A. 6769                             2

promulgation  of  any  such  superseding federal standard for children's
jewelry in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.