S T A T E O F N E W Y O R K
________________________________________________________________________
4046
2019-2020 Regular Sessions
I N S E N A T E
February 26, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed 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
S. 4046 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;
S. 4046 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.
