N.Y. Environmental Conservation Law § 37-0115: Lead-containing jewelry

§ 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

manufactured 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

appropriate for use by children.

(b) Sold in conjunction with, attached to, or packaged together with

other products that are packaged, displayed, or advertised as

appropriate for use by children.

(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 contains a total

lead content in any component part of the item that is more than 0.004%

(40 parts per million) but less than 0.01% (100 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

statement 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. "

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;

(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.