New York state’s governor has signed into law Assembly
Bill A6041 (S4046) to regulate lead content in children’s jewelry.
The new law defines a child as being under the age of
twelve. It also defines jewelry as an ornament worn by a person, and includes:
- 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
Stakeholders should be aware that the new law also has
a requirement that the jewelry or its immediate container must hold the
following warning if the product has a lead content greater than 40 ppm. The criteria for this requirement are:
- Paint 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
If the product does not conform to these requirements
it must display the following statement as a minimum:
‘WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR
CHEWED. COMPLIES WITH FEDERAL STANDARDS’
The 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).
Assembly Bill A6041 was signed into law on December
16, 2019 and it will come into effect on January 1, 2021.
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