March 16, 2015
The State of New York has introduced three bills related to the regulation of heavy metals and magnets in jewelry.
- Senate Bill 1890 prohibits the sale or distribution of children’s jewelry containing cadmium in excess of specified levels in accessible metal or plastic substrate components. The bill defines children’s jewelry as jewelry designed or intended primarily for use by children 12 years of age or younger to be worn as an item of personal ornamentation. This act would take effect one year becoming law and would be applicable only to children’s jewelry manufactured on or after that date. It would also be preempted if a superseding federal standard for cadmium in children's jewelry becomes law.
- Senate Bill 1236 prohibits the distribution and sale of jewelry containing lead and defines testing methods for jewelry to determine compliance. It also institutes a new labeling requirement for lead-containing jewelry, specifically, that any jewelry containing lead in excess of 200 parts per million must carry a conspicuous warning label stating, "CONTAINS LEAD WHICH MAY BE HARMFUL TO YOUR HEALTH. NOT TO BE USED BY CHILDREN UNDER THE AGE OF SIX." This act would take effect immediately upon enactment, with the exception of the labeling requirement which would take effect March 1, 2019.
- Assembly Bill 2650 prohibits the sale of magnetic jewelry meant to mimic a tongue, lip or nose piercing. The bill allows the sale of a magnet novelty consumer product containing a small magnet when the product or its packaging is clearly labeled with the signal word “WARNING” followed by this or an equivalent notice: "THIS PRODUCT CONTAINS (A) SMALL MAGNET(S). SWALLOWED MAGNETS CAN STICK TOGETHER ACROSS INTESTINES CAUSING SERIOUS INFECTIONS AND DEATH. SEEK IMMEDIATE MEDICAL ATTENTION IF MAGNET(S) IS SWALLOWED OR INHALED." This bill would take effect 120 days after it is signed into law.