Bill Text: NY A01745 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public health law, in relation to lead in candy, soft vinyl lunch boxes, and infant and children's vinyl bibs

Spectrum: Strong Partisan Bill (Democrat 23-2)

Status: (Introduced - Dead) 2010-02-23 - reported referred to codes [A01745 Detail]

Download: New_York-2009-A01745-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1745
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2009
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, ORTIZ, BENEDETTO, HOYT,
         DINOWITZ, JACOBS, CLARK, LAVINE -- Multi-Sponsored  by  --  M.  of  A.
         ALFANO,  BARRA,  CAHILL,  GABRYSZAK,  GOTTFRIED,  JOHN, KOON, LATIMER,
         LUPARDO, MILLMAN, PEOPLES, PERRY, N. RIVERA, ROBINSON, SWEENEY,  WEIS-
         ENBERG -- read once and referred to the Committee on Health
       AN  ACT  to  amend  the public health law, in relation to lead in candy,
         soft vinyl lunch boxes, and infant and children's vinyl bibs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding two new sections
    2  1371-a and 1371-b to read as follows:
    3    S  1371-A.  LEAD IN CANDY. 1. THE DEPARTMENT SHALL MONITOR LEAD LEVELS
    4  IN ALL CANDY SOLD OR DISTRIBUTED IN THE STATE. MONITORING SHALL  INCLUDE
    5  SAMPLING  AND  TESTING  TO  DETERMINE  THE  LEAD LEVELS CONTAINED IN THE
    6  CANDY.
    7    2. FOR THE PURPOSES OF THIS SECTION, "MAXIMUM  ALLOWABLE  LEAD  LEVEL"
    8  SHALL  MEAN  ONE-TENTH  PART OF LEAD PER MILLION PARTS AS ESTABLISHED IN
    9  THE REGULATIONS AND GUIDELINES OF THE FEDERAL  FOOD  AND  DRUG  ADMINIS-
   10  TRATION.
   11    3.  IF THE LEAD LEVEL IN CANDY THAT IS TESTED BY THE DEPARTMENT PURSU-
   12  ANT TO SUBDIVISION ONE OF THIS SECTION  EXCEEDS  THE  MAXIMUM  ALLOWABLE
   13  LEAD LEVEL, THE DEPARTMENT SHALL:
   14    (A)  ISSUE HEALTH ADVISORY NOTICES TO COUNTY HEALTH DEPARTMENTS ALERT-
   15  ING THEM TO THE DANGER POSED BY CONSUMPTION OF SUCH CANDY EXCEEDING  THE
   16  MAXIMUM ALLOWABLE LEAD LEVEL; AND
   17    (B)  NOTIFY  THE  MANUFACTURER  AND THE DISTRIBUTOR OF SUCH CANDY THAT
   18  SUCH CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT SUCH CANDY
   19  SHALL NOT BE SOLD OR DISTRIBUTED IN  THE  STATE  UNTIL  FURTHER  TESTING
   20  PROVES  THAT  THE CANDY IS IN COMPLIANCE WITH THE MAXIMUM ALLOWABLE LEAD
   21  LEVEL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04992-01-9
       A. 1745                             2
    1    4. (A) IF CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, THE MANUFAC-
    2  TURER OR DISTRIBUTOR THEREOF MAY CORRECT THE PROBLEM  AND  RESUBMIT  THE
    3  CANDY TO THE DEPARTMENT FOR FURTHER TESTING.
    4    (B)  IF  THE LEAD CONTENT OF SUCH CANDY IS BELOW THE MAXIMUM ALLOWABLE
    5  LEAD LEVEL WHEN  IT  IS  RETESTED,  THE  DEPARTMENT  SHALL  PROVIDE  THE
    6  MANUFACTURER  OR  DISTRIBUTOR  AND  THE  COUNTY HEALTH DEPARTMENT WITH A
    7  LETTER STATING THAT THE  CANDY  HAS  BEEN  RETESTED  AND  DETERMINED  TO
    8  CONTAIN  LESS  THAN  THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT THE SALE
    9  AND DISTRIBUTION OF THE CANDY IN THE STATE MAY RESUME.   THE  DEPARTMENT
   10  SHALL  ALSO  NOTIFY  THE  PUBLIC  STATING  THAT  SUCH  CANDY IS SAFE FOR
   11  CONSUMPTION.
   12    (C) IF THE CANDY STILL EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL  AFTER
   13  IT  HAS  BEEN RETESTED, THE MANUFACTURER OR DISTRIBUTOR MAY TAKE CORREC-
   14  TIVE MEASURES AND CONTINUE TO RESUBMIT SAMPLES FOR  TESTING  UNTIL  SUCH
   15  CANDY'S  LEAD  CONTENT  IS BELOW THE MAXIMUM ALLOWABLE LEAD LEVEL IF THE
   16  MANUFACTURER OR DISTRIBUTOR WISHES TO SELL OR DISTRIBUTE  THE  CANDY  IN
   17  THE STATE.
   18    5.  THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC INFORMATION
   19  PROGRAM ON THE POTENTIAL HAZARDS OF  CANDY  CONTAINING  LEAD,  TARGETING
   20  CANDY  PRODUCTS  AND CONSUMERS OF SPECIFIC CANDY PRODUCTS THAT HAVE BEEN
   21  FOUND TO EXCEED THE MAXIMUM ALLOWABLE LEAD LEVEL.  THE DEPARTMENT  SHALL
   22  NOTIFY  THE  PUBLIC THAT SPECIFIC CANDY PRODUCTS THAT EXCEED THE MAXIMUM
   23  ALLOWABLE LEAD LEVEL ARE PROHIBITED FROM SALE OR DISTRIBUTION UNTIL THEY
   24  COMPLY WITH THE MAXIMUM ALLOWABLE LEAD LEVEL.  AT  SUCH  TIME  AS  THESE
   25  CANDY PRODUCTS ARE RETESTED AND HAVE BEEN FOUND TO COMPLY WITH THE MAXI-
   26  MUM  ALLOWABLE  LEAD LEVEL, THE DEPARTMENT SHALL PROVIDE THE PUBLIC WITH
   27  SUCH INFORMATION.
   28    6. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
   29  REPORT  TO  THE  GOVERNOR  AND  THE  LEGISLATURE WHICH SHALL INCLUDE THE
   30  RESULTS OF THE TESTING OF CANDY PURSUANT TO THIS SECTION AND  A  LISTING
   31  OF  ALL  CANDIES  WHICH ARE PROHIBITED FROM BEING SOLD OR DISTRIBUTED IN
   32  THE STATE PURSUANT TO THIS SECTION.
   33    S 1371-B. LEAD IN SOFT VINYL LUNCH BOXES, AND  INFANT  AND  CHILDREN'S
   34  BIBS.    1.  THE DEPARTMENT SHALL MONITOR LEAD LEVELS IN AND ON ALL SOFT
   35  VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS SOLD OR DISTRIBUTED IN
   36  THE STATE. MONITORING SHALL INCLUDE TESTING TO DETERMINE THE LEAD LEVELS
   37  CONTAINED IN OR ON SOFT VINYL LUNCH BOXES,  AND  INFANT  AND  CHILDREN'S
   38  BIBS.
   39    2.  NO  PERSON  OR ENTITY SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER
   40  FOR SALE IN THIS STATE ANY SOFT VINYL LUNCH BOX, OR INFANT OR CHILDREN'S
   41  BIB WHICH CONTAINS MORE THAN SIX HUNDRED PARTS PER MILLION OF LEAD. EACH
   42  VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A SEPARATE VIOLATION  AND
   43  SHALL  SUBJECT THE PERSON COMMITTING THE VIOLATION TO A CIVIL PENALTY OF
   44  ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
   45    3. THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC  INFORMATION
   46  PROGRAM  ON  THE POTENTIAL HAZARDS OF SOFT VINYL LUNCH BOXES, AND INFANT
   47  AND CHILDREN'S BIBS CONTAINING LEAD AND ADVISE ANY PERSON  POSSESSING  A
   48  SOFT  VINYL LUNCH BOX, OR INFANT OR CHILDREN'S BIB ACQUIRED PRIOR TO THE
   49  EFFECTIVE DATE OF THIS SECTION THAT THEY SHOULD DISCARD SUCH  LUNCH  BOX
   50  OR  BIB.    THE  DEPARTMENT SHALL UTILIZE ITS WEBSITE AND OTHER MEANS OF
   51  PUBLIC OUTREACH TO ENSURE THAT CONSUMERS, PARTICULARLY THOSE WITH  CHIL-
   52  DREN,  ARE  ALERTED  TO  SUCH HAZARDS. THE INFORMATION SHALL INCLUDE THE
   53  MEANS BY WHICH THE PUBLIC CAN  IDENTIFY  SOFT  VINYL  LUNCH  BOXES,  AND
   54  INFANT  AND  CHILDREN'S  BIBS  WHICH  CAN  POTENTIALLY CONTAIN EXCESSIVE
   55  LEVELS OF LEAD.
       A. 1745                             3
    1    4. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
    2  REPORT TO THE GOVERNOR AND THE LEGISLATURE WHICH SHALL INCLUDE A LISTING
    3  OF  ALL SOFT VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS WHICH ARE
    4  PROHIBITED PURSUANT TO THIS SECTION.
    5    S 2. This act shall take effect immediately.