S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6041
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   jewelry containing lead
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings. The  legislature  hereby  finds  that
 stringent  controls  on  the  amount of lead in jewelry are necessary to
 protect public health,  especially  the  health  of  children.    Random
 samples  of  jewelry  in New York state have been found to contain up to
 60,000 parts per million of lead. To assure  consistent  application  of
 these controls to all jewelry, specific technical standards and controls
 must be specified.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0115 to read as follows:
 § 37-0115. LEAD-CONTAINING JEWELRY.
   FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING DEFINITIONS:
   1.  "BODY PIERCING JEWELRY" MEANS ANY PART OF JEWELRY THAT IS MANUFAC-
 TURED OR SOLD FOR PLACEMENT IN A NEW PIERCING OR A MUCOUS MEMBRANE,  BUT
 DOES  NOT  INCLUDE  ANY PART OF THAT JEWELRY THAT IS NOT PLACED WITHIN A
 NEW PIERCING OR A MUCOUS MEMBRANE.
   2. "CHILDREN" MEANS CHILDREN UNDER THE AGE OF TWELVE.
   3. "CHILDREN'S JEWELRY" MEANS JEWELRY THAT IS MADE FOR,  MARKETED  FOR
 USE  BY, OR MARKETED TO, CHILDREN AND INCLUDES JEWELRY THAT MEETS ANY OF
 THE FOLLOWING CONDITIONS:
   (A) REPRESENTED IN ITS PACKAGING, DISPLAY, OR ADVERTISING,  AS  APPRO-
 PRIATE FOR USE BY CHILDREN.
   (B)  SOLD  IN CONJUNCTION WITH, ATTACHED TO, OR PACKAGED TOGETHER WITH
 OTHER PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR ADVERTISED AS  APPROPRI-
 ATE FOR USE BY CHILDREN.

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

                                                            LBD08023-01-9

 A. 6041                             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. "JEWELRY" MEANS ANY OF THE FOLLOWING ORNAMENTS WORN BY A PERSON:
   (A) ANKLE BRACELET;
   (B) ARM CUFF;
   (C) BRACELET;
   (D) BROOCH;
   (E) CHAIN;
   (F) CROWN;
   (G) CUFF LINK;
   (H) HAIR ACCESSORY;
   (I) EARRING;
   (J) NECKLACE;
   (K) DECORATIVE PIN;
   (L) RING;
   (M) BODY PIERCING JEWELRY;
   (N) JEWELRY PLACED IN THE MOUTH FOR DISPLAY OR ORNAMENT;
   (O)  ANY  CHARM, BEAD, CHAIN, LINK, PENDANT, OR OTHER COMPONENT OF THE
 ITEMS LISTED IN THIS DEFINITION;
   (P) A CHARM, BEAD, CHAIN, LINK, PENDANT, OR OTHER ATTACHMENT TO  SHOES
 OR  CLOTHING  THAT  CAN  BE REMOVED AND MAY BE USED AS A COMPONENT OF AN
 ITEM LISTED IN THIS DEFINITION;
   (Q) A WATCH IN WHICH A TIMEPIECE IS A COMPONENT OF AN ITEM  LISTED  IN
 THIS  DEFINITION, EXCLUDING THE TIMEPIECE ITSELF IF THE TIMEPIECE CAN BE
 REMOVED FROM THE ORNAMENT.
   5. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE,  NO  MANUFACTURER
 SHALL  SELL,  OR OFFER FOR SALE, CHILDREN'S JEWELRY THAT CONTAIN A TOTAL
 LEAD CONTENT IN ANY COMPONENT PART OF THE ITEM THAT IS MORE THAN  0.004%
 (40  PARTS  PER  MILLION) BUT LESS THAN 0.06% (600 PARTS PER MILLION) BY
 TOTAL WEIGHT OR A LOWER STANDARD FOR LEAD CONTENT AS MAY BE  ESTABLISHED
 BY  FEDERAL OR STATE LAW OR RULE UNLESS THAT ITEM BEARS A WARNING STATE-
 MENT THAT INDICATES THAT  AT  LEAST  ONE  COMPONENT  PART  OF  THE  ITEM
 CONTAINS LEAD.
   THE  WARNING  STATEMENT  FOR CHILDREN'S JEWELRY SHALL CONTAIN AT LEAST
 THE FOLLOWING: "WARNING: CONTAINS LEAD.  MAY  BE  HARMFUL  IF  EATEN  OR
 CHEWED.  COMPLIES WITH FEDERAL STANDARDS."
   A  MANUFACTURER  IS IN COMPLIANCE IF THE WARNING STATEMENT IS PROVIDED
 ON THE CHILDREN'S JEWELRY OR ON THE LABEL ON THE IMMEDIATE CONTAINER  OF
 THE CHILDREN'S JEWELRY.
   THE  WARNING  STATEMENT  REQUIREMENT  DOES NOT APPLY TO ANY CHILDREN'S
 JEWELRY:
   (A) FOR WHICH FEDERAL LAW GOVERNS WARNING IN A  MANNER  THAT  PREEMPTS
 STATE AUTHORITY;
   (B)  IF  THE COMPONENT PARTS OF THE CHILDREN'S JEWELRY CONTAINING LEAD
 ARE INACCESSIBLE TO A CHILD THROUGH NORMAL  AND  REASONABLY  FORESEEABLE
 USE  AND  ABUSE  AS DEFINED BY THE UNITED STATES CONSUMER PRODUCT SAFETY
 COMMISSION;

 A. 6041                             3
 
   (C) IF THE COMPONENT PARTS IN QUESTION  ARE  EXEMPT  FROM  THIRD-PARTY
 TESTING  AS  DETERMINED  BY  THE  UNITED  STATES CONSUMER PRODUCT SAFETY
 COMMISSION; OR
   (D) TO CHILDREN'S JEWELRY RESOLD OR OFFERED FOR RESALE, OR DISTRIBUTED
 BY CONSUMERS FOR CONSUMER USE.
   §  3.  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. This act shall take effect immediately.