Bill Text: NY S04966 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the comprehensive children's jewelry safety act; prohibits the manufacture, sale and distribution of children's jewelry which does not meet certain standards.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S04966 Detail]

Download: New_York-2015-S04966-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4966
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2015
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       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:
    1    Section 1.  The public health law is amended by adding a  new  section
    2  1376-b to read as follows:
    3    S  1376-B.  COMPREHENSIVE  CHILDREN'S  JEWELRY  SAFETY ACT. 1.   DEFI-
    4  NITIONS. AS USED IN THIS SECTION:
    5    (A) "CHILDREN'S JEWELRY" MEANS JEWELRY DESIGNED OR INTENDED  PRIMARILY
    6  FOR USE BY CHILDREN TWELVE YEARS OF AGE OR YOUNGER TO BE WORN AS AN ITEM
    7  OF PERSONAL ORNAMENTATION, AND DOES NOT INCLUDE:
    8    (I) TOYS OR OTHER PRODUCTS INTENDED FOR USE WHEN A CHILD PLAYS;
    9    (II) ACCESSORIES;
   10    (III) APPAREL;
   11    (IV) FOOTWEAR; OR
   12    (V)  ANY  OTHER  PRODUCT WHOSE PURPOSE IS PRIMARILY FUNCTIONAL AND NOT
   13  ORNAMENTAL.
   14    (B) "ASTM F 2923-11" MEANS THE ASTM (AMERICAN SOCIETY FOR TESTING  AND
   15  MATERIALS)  INTERNATIONAL  STANDARD  SPECIFICATION  FOR CONSUMER PRODUCT
   16  SAFETY FOR CHILDREN'S JEWELRY IN EFFECT ON JANUARY FIRST,  TWO  THOUSAND
   17  FIFTEEN.
   18    2. REQUIREMENTS. ALL CHILDREN'S JEWELRY MANUFACTURED, SOLD OR DISTRIB-
   19  UTED IN THE STATE SHALL MEET THE REQUIREMENTS OF ASTM F 2923-11.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law, and shall remain in effect until a supersed-
   22  ing  federal standard for children's jewelry takes effect when upon such
   23  date this act shall be deemed repealed; provided that  the  commissioner
   24  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
       S. 4966                             2
    1  promulgation  of  any  such  superseding federal standard for children's
    2  jewelry in order that the commission may maintain an accurate and timely
    3  effective data base of the official text of the laws of the state of New
    4  York  in furtherance of effectuating the provisions of section 44 of the
    5  legislative law and section 70-b of the public officers law.