LBD06217-01-7
A. 7723 2
(C) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS.
(D) SOLD IN ANY OF THE FOLLOWING:
(1) A VENDING MACHINE.
(2) RETAIL STORE, CATALOGUE, OR ONLINE WEB SITE, IN WHICH A PERSON
EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR
ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
(3) A DISCRETE PORTION OF A RETAIL STORE, CATALOGUE, OR ONLINE WEB
SITE, IN WHICH A PERSON OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,
DISPLAYED, OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
4. "CLASS 1 MATERIAL" MEANS ANY OF THE FOLLOWING MATERIALS:
(A) STAINLESS OR SURGICAL STEEL;
(B) KARAT GOLD;
(C) STERLING SILVER;
(D) PLATINUM, PALLADIUM, IRIDIUM, RUTHENIUM, RHODIUM OR OSMIUM;
(E) NATURAL OR CULTURED PEARLS;
(F) GLASS, CERAMIC, OR CRYSTAL DECORATIVE COMPONENTS, INCLUDING CAT'S
EYE, CUBIC ZIRCONIA, INCLUDING CUBIC ZIRCONIUM OR CZ, RHINESTONES, AND
CLOISONNE;
(G) A GEMSTONE THAT IS CUT AND POLISHED FOR ORNAMENTAL PURPOSES;
(H) ELASTIC, FABRIC, RIBBON, ROPE, OR STRING, UNLESS IT CONTAINS
INTENTIONALLY ADDED LEAD AND IS LISTED AS A CLASS 2 MATERIAL;
(I) ALL NATURAL DECORATIVE MATERIAL, INCLUDING AMBER, BONE, CORAL,
FEATHERS, FUR, HORN, LEATHER, SHELL, OR WOOD, THAT IS IN ITS NATURAL
STATE AND IS NOT TREATED IN A WAY THAT ADDS LEAD; AND
(J) ADHESIVE.
(K) THE FOLLOWING GEMSTONES ARE NOT CLASS 1 MATERIALS: ARAGONITE,
BAYLDONITE, BOLEITE, CERUSSITE, CROCOITE, EKANITE, LINARITE, MIMETITE,
PHOSGENITE, SAMARSKITE, VANADINITE, AND WULFENITE.
5. "CLASS 2 MATERIAL" MEANS ANY OF THE FOLLOWING MATERIALS:
(A) ELECTROPLATED METAL THAT MEETS THE FOLLOWING STANDARDS:
(1) ON AND BEFORE AUGUST 30, 2022, A METAL ALLOY WITH LESS THAN TEN
PERCENT LEAD BY WEIGHT THAT IS ELECTROPLATED WITH SUITABLE UNDER AND
FINISH COATS.
(2) ON AND AFTER AUGUST 31, 2022, A METAL ALLOY WITH LESS THAN SIX
PERCENT LEAD BY WEIGHT THAT IS ELECTROPLATED WITH SUITABLE UNDER AND
FINISH COATS; OR
(B) UNPLATED METAL WITH LESS THAN 1.5 PERCENT LEAD THAT IS NOT OTHER-
WISE LISTED AS A CLASS 1 MATERIAL; OR
(C) PLASTIC OR RUBBER, INCLUDING ACRYLIC, POLYSTYRENE, PLASTIC BEADS
AND STONES, AND POLYVINYL CHLORIDE (PVC) THAT MEETS THE FOLLOWING STAND-
ARDS:
(1) ON AND BEFORE AUGUST 30, 2022, LESS THAN 0.06 PERCENT (SIX HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT; AND
(2) ON AND AFTER AUGUST 31, 2022, LESS THAN 0.02 PERCENT (TWO HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT; OR
(D) A DYE OR SURFACE COATING CONTAINING LESS THAN 0.06 PERCENT (SIX
HUNDRED PARTS PER MILLION) LEAD BY WEIGHT.
6. "CLASS 3 MATERIAL" MEANS ANY PORTION OF JEWELRY THAT MEETS BOTH OF
THE FOLLOWING CRITERIA:
(A) IS NOT A CLASS 1 OR CLASS 2 MATERIAL; AND
(B) CONTAINS LESS THAN 0.06 PERCENT (SIX HUNDRED PARTS PER MILLION)
LEAD BY WEIGHT.
7. "COMPONENT" MEANS ANY PART OF JEWELRY.
8. "EPA REFERENCE METHODS 3050B (ACID DIGESTION OF SEDIMENTS, SLUDGES
AND SOILS) OR 3051 (MICROWAVE ASSISTED DIGESTION/SLUDGE, SOILS)" MEANS
THOSE TEST METHODS INCORPORATED BY REFERENCE IN PARAGRAPH ELEVEN OF
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SUBDIVISION (A) OF SECTION 260.11 OF TITLE 40 OF THE CODE OF FEDERAL
REGULATIONS.
9. "JEWELRY" MEANS:
(A) ANY OF THE FOLLOWING ORNAMENTS WORN BY A PERSON: AN ANKLET, ARM
CUFF, BRACELET, BROOCH, CHAIN, CROWN, CUFF LINK, DECORATED HAIR ACCESSO-
RIES, EARRING, NECKLACE, PIN, RING, OR BODY PIERCING JEWELRY; OR
(B) ANY BEAD, CHAIN, LINK, PENDANT, OR OTHER COMPONENT OF SUCH AN
ORNAMENT.
10. (A) "SURFACE COATING" MEANS A FLUID, SEMIFLUID, OR OTHER MATERIAL,
WITH OR WITHOUT A SUSPENSION OF FINELY DIVIDED COLORING MATTER, THAT
CHANGES TO A SOLID FILM WHEN A THIN LAYER IS APPLIED TO A METAL, WOOD,
STONE, PAPER, LEATHER, CLOTH, PLASTIC, OR OTHER SURFACE.
(B) "SURFACE COATING" DOES NOT INCLUDE A PRINTING INK OR A MATERIAL
THAT ACTUALLY BECOMES A PART OF THE SUBSTRATE, INCLUDING, BUT NOT LIMIT-
ED TO, PIGMENT IN A PLASTIC ARTICLE, OR A MATERIAL THAT IS ACTUALLY
BONDED TO THE SUBSTRATE, SUCH AS BY ELECTROPLATING OR CERAMIC GLAZING.
11. ON OR AFTER MARCH 1, 2021, NO PERSON SHALL ADVERTISE, MANUFACTURE,
OFFER FOR SALE, SELL, OR DISTRIBUTE FOR PROMOTIONAL PURPOSES IN THIS
STATE, OR IMPORT FOR DISTRIBUTION OR SALE IN THIS STATE, ANY JEWELRY
UNLESS THE JEWELRY IS MADE ENTIRELY FROM A CLASS 1, CLASS 2, OR CLASS 3
MATERIAL, OR ANY COMBINATION THEREOF.
12. NOTWITHSTANDING SUBDIVISION ELEVEN OF THIS SECTION, ON OR AFTER
JANUARY 1, 2021, NO PERSON SHALL ADVERTISE, MANUFACTURE, OFFER FOR SALE,
SELL, OR DISTRIBUTE FOR PROMOTIONAL PURPOSES IN THIS STATE, OR IMPORT
FOR DISTRIBUTION OR SALE IN THIS STATE, ANY CHILDREN'S JEWELRY UNLESS
THE CHILDREN'S JEWELRY IS MADE ENTIRELY FROM ONE OR MORE OF THE FOLLOW-
ING MATERIALS:
(A) A NONMETALLIC MATERIAL THAT IS A CLASS 1 MATERIAL;
(B) A NONMETALLIC MATERIAL THAT IS A CLASS 2 MATERIAL;
(C) A METALLIC MATERIAL THAT IS EITHER A CLASS 1 MATERIAL OR CONTAINS
LESS THAN 0.06 PERCENT (SIX HUNDRED PARTS PER MILLION) LEAD BY WEIGHT;
(D) GLASS OR CRYSTAL DECORATIVE COMPONENTS THAT WEIGH IN TOTAL NO MORE
THAN ONE GRAM, EXCLUDING ANY GLASS OR CRYSTAL DECORATIVE COMPONENT THAT
CONTAINS LESS THAN 0.02 PERCENT (TWO HUNDRED PARTS PER MILLION) LEAD BY
WEIGHT AND HAS NO INTENTIONALLY ADDED LEAD;
(E) PRINTING INK OR CERAMIC GLAZE THAT CONTAINS LESS THAN 0.06 PERCENT
(SIX HUNDRED PARTS PER MILLION) LEAD BY WEIGHT; OR
(F) CLASS 3 MATERIAL THAT CONTAINS LESS THAN 0.02 PERCENT (TWO HUNDRED
PARTS PER MILLION) LEAD BY WEIGHT.
13. NOTWITHSTANDING SUBDIVISION 11 OF THIS SECTION, ON OR AFTER MARCH
1, 2021, NO PERSON SHALL ADVERTISE, MANUFACTURE, OFFER FOR SALE, SELL,
OR DISTRIBUTE FOR PROMOTIONAL PURPOSES IN THIS STATE, OR IMPORT FOR
DISTRIBUTION OR SALE IN THIS STATE, ANY BODY PIERCING JEWELRY UNLESS THE
BODY PIERCING JEWELRY IS MADE OF ONE OR MORE OF THE FOLLOWING MATERIALS:
SURGICAL IMPLANT STAINLESS STEEL, SURGICAL IMPLANT GRADE OF TITANIUM,
NIOBIUM (NB), SOLID FOURTEEN KARAT OR HIGHER WHITE OR YELLOW NICKEL-FREE
GOLD, SOLID PLATINUM, OR A DENSE LOW-POROSITY PLASTIC, INCLUDING, BUT
NOT LIMITED TO, TYGON OR POLYTETRAFLUOROETHYLENE (PTFE), IF THE PLASTIC
CONTAINS NO INTENTIONALLY ADDED LEAD.
§ 3. The environmental conservation law is amended by adding a new
section 37-0117 to read as follows:
§ 37-0117. TESTING METHODS FOR DETERMINING COMPLIANCE WITH SECTION
37-0115.
1. THE TESTING METHODS FOR DETERMINING COMPLIANCE WITH SECTION 37-0115
OF THIS TITLE SHALL BE CONDUCTED USING THE EPA REFERENCE METHODS 3050B
OR 3051 FOR THE MATERIAL BEING TESTED, EXCEPT AS OTHERWISE PROVIDED IN
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SUBPARAGRAPHS FIVE AND SIX OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS
SECTION, AND IN ACCORDANCE WITH ALL OF THE FOLLOWING PROCEDURES:
(A) WHEN PREPARING A SAMPLE, THE LABORATORY SHALL MAKE EVERY EFFORT TO
ASSURE THAT THE SAMPLE REMOVED FROM A JEWELRY PIECE IS REPRESENTATIVE OF
THE COMPONENT TO BE TESTED, AND IS FREE OF CONTAMINATION FROM EXTRANEOUS
DIRT AND MATERIAL NOT RELATED TO THE JEWELRY COMPONENT TO BE TESTED.
(B) ALL JEWELRY COMPONENT SAMPLES SHALL BE WASHED PRIOR TO TESTING
USING STANDARD LABORATORY DETERGENT, RINSED WITH LABORATORY REAGENT
GRADE DEIONIZED WATER, AND DRIED IN A CLEAN AMBIENT ENVIRONMENT.
(C) IF A COMPONENT IS REQUIRED TO BE CUT OR SCRAPED TO OBTAIN A
SAMPLE, THE METAL SNIPS, SCISSORS, OR OTHER CUTTING TOOLS USED FOR THE
CUTTING OR SCRAPING SHALL BE MADE OF STAINLESS STEEL AND WASHED AND
RINSED BEFORE EACH USE AND BETWEEN SAMPLES.
(D) A SAMPLE SHALL BE DIGESTED IN A CONTAINER THAT IS KNOWN TO BE FREE
OF LEAD AND WITH THE USE OF AN ACID THAT IS NOT CONTAMINATED BY LEAD,
INCLUDING ANALYTICAL REAGENT GRADE DIGESTION ACIDS AND REAGENT GRADE
DEIONIZED WATER.
(E) METHOD BLANKS, CONSISTING OF ALL REAGENTS USED IN SAMPLE PREPARA-
TION HANDLED, DIGESTED, AND MADE TO VOLUME IN THE SAME EXACT MANNER AND
IN THE SAME CONTAINER TYPE AS SAMPLES, SHALL BE TESTED WITH EACH GROUP
OF TWENTY OR FEWER SAMPLES TESTED.
(F) THE RESULTS FOR THE METHOD BLANKS SHALL BE REPORTED WITH EACH
GROUP OF SAMPLE RESULTS, AND SHALL BE BELOW THE STATED REPORTING LIMIT
FOR SAMPLE RESULTS TO BE CONSIDERED VALID.
2. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
THE FOLLOWING PROCEDURES SHALL BE USED FOR TESTING THE FOLLOWING MATE-
RIALS:
(A) FOR TESTING A METAL PLATED WITH SUITABLE UNDERCOATS AND FINISH
COATS, THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
(1) DIGESTION SHALL BE CONDUCTED USING HOT CONCENTRATED NITRIC ACID
WITH THE OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
(2) THE SAMPLE SIZE SHALL BE 0.050 GRAM TO ONE GRAM.
(3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
(4) THE DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION
LIMIT NO GREATER THAN 0.1 PERCENT FOR SAMPLES.
(5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
(B) FOR TESTING UNPLATED METAL AND METAL SUBSTRATES THAT ARE NOT A
CLASS 1 MATERIAL THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
(1) DIGESTION SHALL BE CONDUCTED USING HOT CONCENTRATED NITRIC ACID
WITH THE OPTION OF USING HYDROCHLORIC ACID AND HYDROGEN PEROXIDE.
(2) THE SAMPLE SIZE SHALL BE 0.050 GRAM TO ONE GRAM.
(3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
(4) THE DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION
LIMIT NO GREATER THAN 0.01 PERCENT FOR SAMPLES.
(5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
(C) FOR TESTING POLYVINYL CHLORIDE (PVC), THE FOLLOWING PROTOCOLS
SHALL BE OBSERVED:
(1) THE DIGESTION SHALL BE CONDUCTED USING HOT CONCENTRATED NITRIC
ACID WITH THE OPTION OF USING HYDROCHLORIC ACID AND HYDROGEN PEROXIDE.
(2) THE SAMPLE SIZE SHALL BE A MINIMUM OF 0.05 GRAM IF USING MICROWAVE
DIGESTION OR 0.5 GRAM IF USING HOTPLATE DIGESTION, AND SHALL BE CHOPPED
OR COMMINUTED PRIOR TO DIGESTION.
(3) DIGESTED SAMPLES MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
A. 7723 5
(4) DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION LIMIT NO
GREATER THAN 0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
(5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
(D) FOR TESTING PLASTIC OR RUBBER THAT IS NOT POLYVINYL CHLORIDE
(PVC), INCLUDING ACRYLIC, POLYSTYRENE, PLASTIC BEADS, OR PLASTIC STONES,
THE FOLLOWING PROTOCOLS SHALL BE OBSERVED:
(1) THE DIGESTION SHALL BE CONDUCTED USING HOT CONCENTRATED NITRIC
ACID WITH THE OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
(2) THE SAMPLE SIZE SHALL BE A MINIMUM OF 0.05 GRAM IF USING MICROWAVE
DIGESTION OR 0.5 GRAM IF USING HOTPLATE DIGESTION, AND SHALL BE CHOPPED
OR COMMINUTED PRIOR TO DIGESTION.
(3) PLASTIC BEADS OR STONES SHALL BE CRUSHED PRIOR TO DIGESTION.
(4) DIGESTED SAMPLES MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
(5) DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION LIMIT NO
GREATER THAN 0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
(6) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
(E) FOR TESTING COATINGS ON GLASS AND PLASTIC PEARLS, THE FOLLOWING
PROTOCOLS SHALL BE OBSERVED:
(1) THE COATING OF GLASS OR PLASTIC BEADS SHALL BE SCRAPED ONTO A
SURFACE FREE OF DUST, INCLUDING A CLEAN WEIGHING PAPER OR PAN, USING A
CLEAN STAINLESS STEEL RAZOR BLADE OR OTHER CLEAN SHARP INSTRUMENT THAT
WILL NOT CONTAMINATE THE SAMPLE WITH LEAD. THE SUBSTRATE PEARL MATERIAL
SHALL NOT BE INCLUDED IN THE SCRAPINGS.
(2) THE RAZOR BLADE OR SHARP INSTRUMENT SHALL BE RINSED WITH DEIONIZED
WATER, WIPED TO REMOVE PARTICULATE MATTER, RINSED AGAIN, AND DRIED
BETWEEN SAMPLES.
(3) THE SCRAPINGS SHALL BE WEIGHED AND NOT LESS THAN FIFTY MICROGRAMS
OF SCRAPED COATING SHALL BE USED FOR ANALYSIS. IF LESS THAN FIFTY MICRO-
GRAMS OF SCRAPED COATING IS OBTAINED FROM AN INDIVIDUAL PEARL, MULTIPLE
PEARLS FROM THAT SAMPLE SHALL BE SCRAPED AND COMPOSITED TO OBTAIN A
SUFFICIENT SAMPLE AMOUNT.
(4) THE NUMBER OF PEARLS USED TO MAKE THE COMPOSITE SHALL BE NOTED.
(5) THE SCRAPINGS SHALL BE DIGESTED ACCORDING TO EPA REFERENCE METHOD
3050B OR 3051 OR AN EQUIVALENT PROCEDURE FOR HOT ACID DIGESTION IN PREP-
ARATION FOR TRACE LEAD ANALYSIS.
(6) THE DIGESTATE SHALL BE DILUTED IN THE MINIMUM VOLUME PRACTICAL FOR
ANALYSIS.
(7) THE DIGESTED SAMPLE SHALL BE ANALYZED ACCORDING TO SPECIFICATION
OF AN APPROVED AND VALIDATED METHODOLOGY FOR INDUCTIVELY COUPLED PLASMA
MASS SPECTROMETRY.
(8) A REPORTING LIMIT OF 0.001 PERCENT (TEN PARTS PER MILLION) IN THE
COATING SHALL BE OBTAINED FOR THE ANALYSIS.
(9) THE SAMPLE RESULT SHALL BE REPORTED WITHIN THE CALIBRATED RANGE OF
THE INSTRUMENT. IF THE INITIAL TEST OF THE SAMPLE IS ABOVE THE HIGHEST
CALIBRATION STANDARD, THE SAMPLE SHALL BE DILUTED AND REANALYZED WITHIN
THE CALIBRATED RANGE OF THE INSTRUMENT.
(F) FOR TESTING DYES, PAINTS, COATINGS, VARNISH, PRINTING INKS, CERAM-
IC GLAZES, GLASS, OR CRYSTAL, THE FOLLOWING TESTING PROTOCOLS SHALL BE
OBSERVED:
(1) THE DIGESTION SHALL USE HOT CONCENTRATED NITRIC ACID WITH THE
OPTION OF USING HYDROCHLORIC ACID OR HYDROGEN PEROXIDE.
(2) THE SAMPLE SIZE SHALL BE NOT LESS THAN 0.050 GRAM, AND SHALL BE
CHOPPED OR COMMINUTED PRIOR TO DIGESTION.
(3) THE DIGESTED SAMPLE MAY REQUIRE DILUTION PRIOR TO ANALYSIS.
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(4) THE DIGESTION AND ANALYSIS SHALL ACHIEVE A REPORTED DETECTION
LIMIT NO GREATER THAN 0.001 PERCENT (TEN PARTS PER MILLION) FOR SAMPLES.
(5) ALL NECESSARY DILUTIONS SHALL BE MADE TO ENSURE THAT MEASUREMENTS
ARE MADE WITHIN THE CALIBRATED RANGE OF THE ANALYTICAL INSTRUMENT.
(G) FOR TESTING GLASS AND CRYSTAL USED IN CHILDREN'S JEWELRY, THE
FOLLOWING TESTING PROTOCOLS FOR DETERMINING WEIGHT SHALL BE USED:
(1) A COMPONENT SHALL BE FREE OF ANY EXTRANEOUS MATERIAL, INCLUDING
ADHESIVE, BEFORE IT IS WEIGHED.
(2) THE SCALE USED TO WEIGH A COMPONENT SHALL BE CALIBRATED IMMEDIATE-
LY BEFORE THE COMPONENTS ARE WEIGHED USING S-CLASS WEIGHTS OF ONE AND
TWO GRAMS, AS CERTIFIED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY (NIST) OF THE DEPARTMENT OF COMMERCE.
(3) THE CALIBRATION OF THE SCALE SHALL BE ACCURATE TO WITHIN 0.01
GRAM.
3. THE COMMISSIONER MAY PROMULGATE RULES AND/OR REGULATIONS MODIFYING
THE TESTING PROTOCOLS SPECIFIED IN SUBDIVISIONS ONE AND TWO OF THIS
SECTION, AS SUCH COMMISSIONER DEEMS NECESSARY TO FURTHER THE PURPOSES OF
THIS SECTION.
§ 4. The environmental conservation law is amended by adding a new
section 71-3705 to read as follows:
§ 71-3705. ENFORCEMENT OF SECTION 37-0115.
1. ANY PERSON WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY
DUTY IMPOSED BY SECTION 37-0115 OF THIS CHAPTER SHALL UPON THE FIRST
FINDING OF SUCH A VIOLATION BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED
FIVE HUNDRED DOLLARS FOR EACH VIOLATION. ANY PERSON CONVICTED OF A
SECOND OR SUBSEQUENT VIOLATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT
TO EXCEED TWENTY-FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
2. PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
AFTER A HEARING PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS
ARTICLE. IN ASSESSING THE PENALTY UNDER THIS SECTION, THE COMMISSIONER
SHALL CONSIDER: THE NATURE AND EXTENT OF THE VIOLATION; THE NUMBER AND
SEVERITY OF THE VIOLATIONS; THE ECONOMIC EFFECT OF THE PENALTY ON THE
VIOLATOR; WHETHER THE VIOLATOR TOOK GOOD FAITH MEASURES TO COMPLY WITH
THIS CHAPTER; THE WILLFULNESS OF THE VIOLATOR'S MISCONDUCT; THE DETER-
RENT EFFECT THAT THE IMPOSITION OF THE PENALTY WOULD HAVE ON BOTH THE
VIOLATOR AND THE REGULATED COMMUNITY AS A WHOLE; AND OTHER FACTORS THAT
THE COMMISSIONER DEEMS APPROPRIATE AND RELEVANT. ANY PERSON FOUND TO
HAVE VIOLATED SECTION 37-0115 OF THIS CHAPTER MAY BE ENJOINED FROM
CONTINUING SUCH VIOLATION.
3. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION OF
SECTION 37-0115 OF THIS CHAPTER SHALL BE PAID OVER TO THE COMMISSIONER
FOR DEPOSIT IN THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED BY SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
4. (A) NO CHARGE OF A VIOLATION OF THE PROVISIONS OF, OR FAILURE TO
PERFORM A DUTY IMPOSED BY SECTION 37-0115 OF THIS CHAPTER SHALL BE BASED
UPON EXCESSIVE LEAD CONTENT EXCEPT UPON A SHOWING THAT THE LABORATORY
TESTS ESTABLISHING SUCH EXCESSIVE LEAD CONTENT WERE PERFORMED BY A LABO-
RATORY THAT COMPLIES WITH THE TESTING REQUIREMENTS ESTABLISHED BY
SECTION 37-0117 OF THIS CHAPTER.
(B) A PERSON CHARGED WITH A VIOLATION OF THE PROVISIONS OF, OR FAILURE
TO PERFORM A DUTY IMPOSED BY SECTION 37-0115 OF THIS CHAPTER SHALL BE
PROVIDED WITH ALL SUPPORTING DOCUMENTATION RELATED TO THE TESTING OF THE
JEWELRY, INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION OF THE PROCEDURES
UTILIZED BY THE LABORATORY, COPIES OF ALL TEST RESULTS, EXEMPLARS OF THE
PRODUCTS TESTED TO THE EXTENT PRACTICABLE, AND SUCH OTHER DOCUMENTATION
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AND EVIDENCE WHICH SHALL REASONABLY BE REQUIRED TO VERIFY THE ACCURACY
OF THE TEST RESULTS.
§ 5. The general business law is amended by adding a new section 399-
ggg to read as follows:
§ 399-GGG. LABELING OF JEWELRY. 1. NO PERSON, FIRM OR CORPORATION
SHALL SELL OR OFFER FOR SALE ANY JEWELRY, AS DEFINED BY SECTION 37-0115
OF THE ENVIRONMENTAL CONSERVATION LAW, UNLESS THERE IS PRINTED ON THE
PACKAGE IN WHICH SUCH JEWELRY IS SOLD OR OFFERED FOR SALE A CONSPICUOUS
NOTICE STATING THE PERCENTAGE OF LEAD CONTAINED IN SUCH JEWELRY. ANY
JEWELRY CONTAINING MORE THAN 0.02 PERCENT (TWO HUNDRED PARTS PER
MILLION) LEAD BY WEIGHT SHALL CONTAIN A WARNING LABEL, PROMINENTLY
DISPLAYED, WHICH STATES, "CONTAINS LEAD WHICH MAY BE HARMFUL TO YOUR
HEALTH. NOT TO BE USED BY CHILDREN UNDER THE AGE OF SIX."
2. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
§ 6. This act shall take effect immediately; provided, however that
section five of this act shall take effect March 1, 2021.