2023 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.