NY Env Conserv L § 37-0115 (2021)
2021 New York Laws ENV - Environmental Conservation Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment Title 1 - Substances Hazardous to the Environment 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.