SAFEGUARDS | Consumer ProductsNO. 085/20
In December 2019, New York State (NYS) enacted the Lead-Containing Jewelry Law (A6041/S4046) to require, among other things, a warning statement for children’s jewelry containing more than 40 ppm (0.004%) lead content but less than 600 ppm or a lower standard that may be established by federal or state law. The warning statement does not apply to inaccessible component parts or if component parts are exempt from third-party testing as determined by the United States Consumer Product Safety Commission (US CPSC). That piece of legislation will become effective on January 1, 2021 (SafeGuardS 1/20).
- Revising 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
According to A8978, the effective date for warning statement requirements remains unchanged - January 1, 2021.
Highlights of the Lead-Containing Jewelry Law by incorporating A8978 are summarized in Table 1.
|New York State Environmental Conservation Law
Section 37-0115 ‘Lead-Containing Jewelry’ (incorporating A8978, 2020)
|Lead Content||Jewelry* for children under 12 years of age (accessible components)
Paints or similar surface coatings:
≤ 40 ppm otherwise warning statement if exceeds 40 ppm but less than or equal to 90 ppm**
≤ 40 ppm otherwise warning statement if exceeds 40 ppm but less than 100 ppm**
|January 1, 2021|
*Jewelry means the following ornaments worn by a person:
**Warning statement to contain at least ‘WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED’
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