7/2/2017

Bill NY A.7723 (Ryan)
An Act to amend the environmental conservation law, in relation to jewelry containing lead.

MEMORANDUM IN OPPOSITION

Dear Hon. Rep. Ryan
The Fashion Jewelry and Accessories Trade Association (FJATA) appreciates the opportunity to submit comments regarding the proposed Bill A.7723.  FJATA members include many of the leading suppliers and retailers of fashion jewelry, consisting of small independent businesses to large multi-national corporations.  FJATA’s membership includes companies that manufacture or distribute fashion jewelry in the United States and around the world.  FJATA members have a strong commitment to consumer safety and support risk-based, sensible national standards on the content of heavy metals in children’s jewelry.

In fact, FJATA took the leadership position that developed the voluntary national standard.  As chair of the ASTM International Children’s Jewelry Safety Standard Subcommittee (ASTM F15.24).  This has been a multi-stakeholder, consensus process to accurately establish safe standards for children’s jewelry.
There are basically two bill concepts regulating heavy metals in consumer products.  The first is a “Toxic Chemical” or “Green Chemistry” approach asking industry to identify and register “high priority” chemicals in all children’s products and eliminate their use within a specified time frame. The second type regulates specific heavy metals (for example, lead), and forbids the manufacture, sale, or distribution of any product that exceed the stated limits.

NY A.7723 requires a label on children’s jewelry when there is between 40ppm and 600ppm total content lead in any component part.  Federal law enacted in 2008, the Consumer Product Safety Improvement Act (CPSIA) already prohibits any children’s product that contains more than 100ppm total content lead in any component part.  CPSIA adequately protects children from the accidental acute exposure to lead in all children’s products.  A.7723 is therefore redundant, unnecessary and conflicts with Federal Law.
There is also a voluntary standard, the ASTM Children’s Jewelry Safety Standard that limits all heavy metals in children’s jewelry at levels that the CPSC deems safe.  The CPSC not only supports this standard but participated on the committee that created it.

FJATA and the jewelry industry as a whole are heavily-invested in continuing to provide safe products.  Jewelry manufacturers and distributors continue to adhere to both the Federal Law and the voluntary standard providing safe product to consumers.  We support legislation that is both safe and scientifically-accurate.

Once again, NY A.7723 conflicts with the Federal Law, CPSIA, does nothing to protect children, conflicts with the ASTM F-2923-14, the Children’s Jewelry Safety Standard, (which is law in Rhode Island), and requires a manufacturer to label a product that is illegal by violating Federal law.   FJATA respectfully requests that you do not pass this bill.

Sincerely,
Brent Cleaveland
Brent Cleaveland
Executive Director, FJATA
Chairman, ASTM F15.24