The state of New York requires a warning statement for lead content in children’s jewelry. The labeling requirement will become effective on January 1, 2021.
On December 16, 2019, the Governor of the state of New York signed into law Assembly Bill A6041 (S4046) to regulate lead in children’s jewelry. The new law contains, inter alia, several important provisions:
- Providing a definition for children as under the age of 12
- Providing a definition for jewelry
- Requiring a warning statement on children’s jewelry or on a label on the immediate container of a children’s jewelry if lead content is greater than 40 ppm but less than 600 ppm or a lower Federal lead standard – this statement is not required if component parts are exempt from third-party testing as determined by the United States Consumer Product Safety Commission (US CPSC).
According to the definitions in the new law, jewelry means any of the following ornaments worn by a person:
- Ankle bracelet, arm cuff, bracelet, brooch, chain, crown, cuff link, hair accessory, earring, necklace, decorative pin, ring, body piercing jewelry, jewelry placed in the mouth for display or ornament
- A charm, bead, chain, link, pendant, or other component in point 1 above
- 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 ornament in point 1 above
- A watch in which a timepiece is a component of an ornament in point 1 above, excluding the timepiece itself if the timepiece can be removed from the ornament
Highlights of the new law are summarized in Table 1.
| A6041 (S4046), Chapter 671, 2019 AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO JEWELRY CONTAINING LEAD | |||
|---|---|---|---|
| Substance | Scope | Requirement | Effective Date |
| Lead Content | Jewelry for children under 12 (accessible component parts) | Paints or similar surface coatings: ≤ 40 ppm otherwise warning statement if exceeds 40 ppm but less than or equal to 90 ppm* Substrates: ≤ 40 ppm otherwise warning statement if exceeds 40 ppm but less than or equal to 100 ppm* | January 1, 2021 |
| *Warning statement to contain at least ‘WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS’ | |||
Table 1
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