The Governor of US New York State has signed Bill A6041 into law, which set out the requirements of children jewellery containing lead. Starting from 1 January 2021, manufacturer shall not sell, or offer for sale, children jewellery that contain total lead content > 0.004% (40 ppm) but < federal standard, unless the product contains the following warning statement:
"WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS."
This warning statement shall be provided on the product or on the packaging.
The labelling requirement shall not apply to the following situations:
Children jewellery for which federal law governs warning in a manner that pre-empts state authority;
The component parts of the children jewellery are inaccessible to a child after normal test and use and abuse tests;
The components parts of the children jewellery are exempt from third-party testing;
Children jewellery are resold or offered for resale or distributed by consumers for consumer use.
Note:
Children jewellery: jewellery that is made for, marketed for use by, or marketed to children under the age of 12 and include 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:
i. A vending machine.
ii. 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.
iii. A discrete portion of a retail store, catalogue, or online website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
Jewellery: 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 jewellery;
n. Jewellery 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.