N.Y. Environmental Conservation Law § 37-0115
Lead-containing jewelry
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2021
As of January 1, 2020
* § 37-0115. Prohibition of cosmetic products and personal care products\n containing 1,4-dioxane.\n 1. The term "cosmetic product" shall mean any article (a) intended to\nbe rubbed, sprinkled, or sprayed on, introduced into, or otherwise\napplied to the human body or any part thereof for beautifying, promoting\nattractiveness, or altering the appearance, and (b) intended for use as\na component of any such article. The term "cosmetic product" shall not\ninclude any personal care product as defined in this section for which a\nprescription is required for distribution or dispensation as provided in\nsection two hundred eighty-one of the public health law or section\nsixty-eight hundred ten of the education law.\n 2. The term "personal care product" shall mean any product intended\nfor cleaning or cleansing any part of the body, such as the skin and\nhair, and including but not limited to, hair shampoo, hair conditioner,\nsoap, bath gels and other bath products. The term "personal care\nproduct" shall not include any product for which a prescription is\nrequired for distribution or dispensation as provided in section two\nhundred eighty-one of the public health law or section sixty-eight\nhundred ten of the education law.\n 3. No person shall sell or offer for sale any cosmetic product\ncontaining 1,4-dioxane, other than such trace concentrations, not to\nexceed ten parts per million by December thirty-first, two thousand\ntwenty-two.\n 4. No person shall sell or offer for sale any personal care product\ncontaining 1,4-dioxane, other than such trace concentrations, as\nauthorized by the commissioner, in consultation with the department of\nhealth, by regulation; and further, such trace concentrations for\npersonal care products shall not exceed two parts per million by\nDecember thirty-first, two thousand twenty-two and one part per million\nby December thirty-first, two thousand twenty-three.\n 5. No later then May first, two thousand twenty-five, and every two\nyears thereafter, the department, in consultation with the department of\nhealth, shall review such trace concentration thresholds and determine\nwhether such concentrations shall be lowered to better protect human\nhealth and the environment.\n 6. The department is authorized to promulgate such rules and\nregulations as it shall deem necessary to implement the provisions of\nthis section, including rules and regulations with respect to any\nallowable trace concentrations, consistent with the requirements of this\nsection.\n 7. A manufacturer of a cosmetic product or personal care product,\notherwise subject to the requirements of this section, may apply to the\ndepartment for a one-year waiver from such requirements for a specific\ncosmetic product or personal care product, and upon such proof that the\nmanufacturer has taken steps to reduce the presence of 1,4-dioxane in\nthat product and is unable to comply with the requirements of this\nsection. Thereafter, a manufacturer may apply for one additional\none-year waiver for such product, upon its satisfaction of such similar\nproof.\n * NB There are 2 § 37-0115's\n * NB Effective January 1, 2022\n
§ 37-0115. Lead-containing jewelry.\n For purposes of this section, the following terms shall have the\nfollowing definitions:\n 1. "Body piercing jewelry" means any part of jewelry that is\nmanufactured or sold for placement in a new piercing or a mucous\nmembrane, but does not include any part of that jewelry that is not\nplaced within a new piercing or a mucous membrane.\n 2. "Children" means children under the age of twelve.\n 3. "Children's jewelry" means jewelry that is made for, marketed for\nuse by, or marketed to, children and includes jewelry that meets any of\nthe following conditions:\n (a) Represented in its packaging, display, or advertising, as\nappropriate for use by children.\n (b) Sold in conjunction with, attached to, or packaged together with\nother products that are packaged, displayed, or advertised as\nappropriate for use by children.\n (c) Sized for children and not intended for use by adults.\n (d) Sold in any of the following:\n (1) A vending machine.\n (2) Retail store, catalogue, or online web site, in which a person\nexclusively offers for sale products that are packaged, displayed, or\nadvertised as appropriate for use by children.\n (3) A discrete portion of a retail store, catalogue, or online web\nsite, in which a person offers for sale products that are packaged,\ndisplayed, or advertised as appropriate for use by children.\n 4. "Jewelry" means any of the following ornaments worn by a person:\n (a) ankle bracelet;\n (b) arm cuff;\n (c) bracelet;\n (d) brooch;\n (e) chain;\n (f) crown;\n (g) cuff link;\n (h) hair accessory;\n (i) earring;\n (j) necklace;\n (k) decorative pin;\n (l) ring;\n (m) body piercing jewelry;\n (n) jewelry placed in the mouth for display or ornament;\n (o) any charm, bead, chain, link, pendant, or other component of the\nitems listed in this definition;\n (p) a charm, bead, chain, link, pendant, or other attachment to shoes\nor clothing that can be removed and may be used as a component of an\nitem listed in this definition;\n (q) a watch in which a timepiece is a component of an item listed in\nthis definition, excluding the timepiece itself if the timepiece can be\nremoved from the ornament.\n 5. Effective January first, two thousand twenty-one, no manufacturer\nshall sell, or offer for sale, children's jewelry that contains a total\nlead content in any component part of the item that is more than 0.004%\n(40 parts per million) but less than 0.01% (100 parts per million) by\ntotal weight or a lower standard for lead content as may be established\nby federal or state law or rule unless that item bears a warning\nstatement that indicates that at least one component part of the item\ncontains lead.\n The warning statement for children's jewelry shall contain at least\nthe following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR\nCHEWED. "\n A manufacturer is in compliance if the warning statement is provided\non the children's jewelry or on the label on the immediate container of\nthe children's jewelry.\n The warning statement requirement does not apply to any children's\njewelry:\n (a) for which federal law governs warning in a manner that preempts\nstate authority;\n (b) if the component parts of the children's jewelry containing lead\nare inaccessible to a child through normal and reasonably foreseeable\nuse and abuse as defined by the United States Consumer Product Safety\nCommission;\n (c) if the component parts in question are exempt from third-party\ntesting as determined by the United States Consumer Product Safety\nCommission; or\n (d) to children's jewelry resold or offered for resale, or distributed\nby consumers for consumer use.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.