SECTION 1. Chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 186B the following section:-
Section 186C. (a) In this section, the following words shall have the following meanings:--
“Accessible”, the term shall have the meaning given in Section 3.1.2 of the ASTM International Safety Specification on Toy Safety, F963.
“Child”, an individual who is 6 years of age or younger.
“Children’s jewelry”, jewelry that is primarily designed, marketed and intended for use by a child.
“Children’s dishes”, dishes that are primarily designed, marketed and intended for use by a child.
(b) No person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use children's jewelry containing cadmium in any paint or surface coating or accessible substrate that exceeds 75 parts per million, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM Standard F-963, and subsequent versions of this standard, unless superseded by a federal standard applicable to children's jewelry.
(c) No person may manufacture, knowingly sell, offer for sale, or distribute for use children’s dishes containing cadmium in any paint, glaze, or surface coating or accessible substrate that exceeds 0.25 micrograms per milliliter as determined through ASTM Standard C783-94, and subsequent versions of this standard, unless superseded by an applicable federal standard.
(d) This Section applies to products that are manufactured after December 31, 2013.
(e) This section shall not apply to any product category or toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 (Public Law 110-314).
SECTION 2. This act shall take effect upon passage.
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