State of New York State Updates Lead-Containing Jewelry Law

The US state of New York has amended its Lead-Containing Jewelry
Law (A6041/S4046), which covers jewelry for children aged under twelve years.

Originally
enacted in December 2019, the Lead-Containing Jewelry Law was amended in April 2020 following
the signing of A8978 by the state’s governor. The changes include:

  • The revision of the threshold of ‘less than 600 ppm lead content’ to ‘less than 100 ppm lead content’ as part of the criteria for a warning statement
  • Revising the language for the warning statement
  • Deleting requirements for
    assessment of penalties by the Commissioner

The
requirements for the law, following the amendment are:

  • Paints or similar surface coatings: no greater than 40 ppm otherwise warning statement if exceeds 40 ppm but less than or equal to 90 ppm
  • Substrates: no greater than 40
    ppm otherwise warning statement if exceeds 40 ppm but less than 100 ppm

The
warning statement must include at least:

‘WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR
CHEWED’

Jewelry
is defined as an ornament worn by a person and includes:

  1. 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
  2. Any charm, bead, chain, link, pendant, or other component in point 1 above
  3. 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
  4. 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

Despite
the changes, the effective date for the introduction of the warning statement
remains unchanged – January 1, 2021.

SGS
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