[Adopted 11-16-2010 by L.L. No. 56-2010]
A. 
This Legislature hereby finds and determines that in March 2006, a tragic incident occurred in which a four-year-old boy from Minneapolis, Minnesota died after he swallowed a metal charm that was nearly pure lead. In 2008, a federal law was passed that banned high levels of lead in children's jewelry.
B. 
This Legislature also finds and determines that an Associated Press investigation found that 12 of 103 (12%) pieces of inexpensive metal jewelry purchased and tested by the Associated Press in late 2009 contained at least 10% by weight of the metal cadmium.
C. 
This Legislature further finds that during the first half of 2010, at least five recalls or safety warnings were issued in conjunction with the Consumer Product Safety Commission for cheap imported children's jewelry that contained high levels of cadmium. The recalls included jewelry sold in a variety of discount stores, box stores, young people's boutique stores and online. This Legislature additionally finds that movie-themed promotional glasses being sold by McDonalds were also recently recalled due to the presence of cadmium.
D. 
This Legislature finds that it appears that manufacturers have substituted cadmium in their manufacturing process after lead was prohibited by law in the United States in 2008. The toxic effects that may result from children ingesting lead are well established, but the effects of cadmium on young children have been less studied.
E. 
This Legislature further finds that cadmium is a heavy metal that occurs naturally in some soils and rocks, is used in manufacturing processes and is known to cause cancer in humans. Cadmium levels build up in the body over time and remain in the body, and there is no known treatment for cadmium exposure.
F. 
This Legislature finds that exposure to high amounts or even long-term exposure to low doses of cadmium have been linked to cancer, kidney damage, and perhaps may hinder normal brain development in young children. A day after the Associated Press report, the top United States consumer safety regulator warned Asian manufacturers not to substitute other toxins for lead in children's charm bracelets and pendants.
G. 
According to the New York State Department of Health and the Consumer Product Safety Commission, children can be exposed to cadmium by accidentally swallowing a piece of jewelry or by putting it in their mouth and could potentially ingest significant amounts of cadmium by sucking or biting their jewelry. Some of these items may easily shed cadmium. As is true with so many toxic substances, exposure in young children may have significantly greater consequences, since their brain is still developing and their body's ability to handle such toxic exposures is less mature.
H. 
This Legislature finds that the federal government restricts the amount of cadmium in drinking water and regulates workplace exposure, but thus far, there are no regulations regarding cadmium in jewelry. However, the Consumer Product Safety Commission and the New York State Department of Health have warned parents, grandparents and caregivers to not allow young children to be given or to play with cheap metal jewelry, especially when they are unsupervised.
I. 
This Legislature finds that, according to the New York State Department of Health, there is no way to tell if a piece of metal jewelry has a high level of cadmium in it by how it looks. The Legislature finds that several states and the federal government have started considering a ban on cadmium in children's products.
J. 
This Legislature finds that Suffolk County is committed to the protection of the public health and welfare of our County's children.
K. 
The purpose of this article is to reduce the exposure of children to cadmium through toys, jewelry and other products by implementing a ban on the sale of children's products containing certain levels of cadmium in Suffolk County.
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.