As used in this article, the following terms shall have the
meanings indicated:
CADMIUM
A heavy metal that occurs naturally in some soils and rocks
and is also known as cadmium oxide, cadmium carbonate, cadmium chloride,
cadmium nitrate, cadmium sulfide, cadmium sulfate, cadmium selenium
sulfide and cadmium telluride.
CHILDREN'S PRODUCT
A toy, jewelry, collectible, food or beverage container or
other article primarily intended for use by or marketed to children
under 12 years of age. The following shall be considered in determining
if the toy or article is intended for a child under 12 years of age:
A.
A statement by the manufacturer, distributor or retailer about
the intended use of such article.
B.
The context and manner of advertising, promotion, and marketing
of the article, including but not limited to a label, packaging, placement
or advertisement.
C.
Whether the article is sold in a store, website, or catalog
that primarily sells items geared toward or suitable for children
or in a section of a store, website or catalog that primarily sells
items geared toward or suitable for children.
D.
Whether the article is commonly recognized by consumers as being
intended for use by a child under 12 years of age.
E.
Whether the article is offered or sold in conjunction with another
article intended for use by a child under 12 years of age.
F.
Whether the article is sized for children under 12 years of
age.
No person shall sell or offer for sale within the County of
Suffolk any children's product or component of a children's product
that contains such levels of cadmium in excess of 75 parts per million.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article
II, §§ 760-202 through 760-220, of the Suffolk County Sanitary Code.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized and empowered to promulgate such rules,
regulations and determinations as he or she deems necessary to implement
this article.
Any person who knowingly violates the provisions of this article
shall be subject to a civil penalty of $500 for an initial violation
of the article and a penalty of $1,000 for each subsequent violation.
This article shall apply to any and all actions occurring 90
days after the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.