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Originally enacted in December 2019, the Lead-Containing Jewelry Law was amended in April 2020 following the signing of A8978 by the state’s governor.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

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