[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:
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.
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 statement by the manufacturer, distributor or retailer about
the intended use of such article.
The context and manner of advertising, promotion, and marketing
of the article, including but not limited to a label, packaging, placement
or advertisement.
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.
Whether the article is commonly recognized by consumers as being
intended for use by a child under 12 years of age.
Whether the article is offered or sold in conjunction with another
article intended for use by a child under 12 years of age.
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.
