senate Bill S1644

Requires a warning label attached to any holiday decorations containing lead

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Jan / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Requires a warning label attached to any holiday decorations containing lead; such warning label shall read: WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD." Up to one thousand dollar civil penalty for violation of section.

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Bill Details

Versions:
S1644
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1371-a, Pub Health L

Sponsor Memo

BILL NUMBER:S1644

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting holiday
decorations containing lead

PURPOSE:
This bill would require that all artificial trees sold in New York
State would be required to have a warning label on the box. The
warning label will have to list all hazardous chemicals and any
precautionary measures that should be taken before handling the tree.

SUMMARY OF PROVISIONS:
Any store selling artificial Christmas trees which were manufactured
either in New York State or out of New York State will have to have a
warning label on the outside of the box before sold in N ew York
State. This would be the responsibility of the store selling the
product to make sure every box has this label.

EXISTING LAW:
None.

JUSTIFICATION:
There are many chemicals that are used in producing these artificial
trees and it is important that everyone is aware of these chemicals
before handling the artificial tree, especially with children around
the tree for a long period of time. We need to make sure that people
are aware and know to take precautionary measures before and after
handling the artificial tree.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
30 days after taking effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1644

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting  holi-
  day decorations containing lead

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
1371-a to read as follows:
  S 1371-A. WARNING LABEL ON HOLIDAY DECORATIONS CONTAINING LEAD.  1. ON
EACH HOLIDAY DECORATION SOLD OR DELIVERED BY A MANUFACTURER OR DISTRIBU-
TOR WITHIN THIS STATE THAT:
  (A) HAS PAINT OR OTHER SIMILAR SURFACE-COATING MATERIAL THEREON; OR
  (B) IS MADE OF ANY PLASTIC MATERIAL, SUCH AS PVC OR POLYVINYL CHLORIDE
  WHICH  CONTAINS MORE THAN .06 OF ONE PER CENTUM OF METALLIC LEAD BASED
ON THE TOTAL WEIGHT OF THE CONTAINED SOLIDS OR DRIED  PAINT  FILM  THERE
SHALL BE PRINTED THEREON OR ATTACHED THERETO A WARNING LABEL.
  2. SUCH WARNING LABEL SHALL CONTAIN THE FOLLOWING STATEMENT: "WARNING:
CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD."
  3.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "HOLIDAY DECORATIONS"
SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  ARTIFICIAL  CHRISTMAS  TREES,
PLANTS,  FLOWERS  OR  WREATHS, HOLIDAY LIGHTS, STOCKINGS, CANDLES, FIGU-
RINES AND BELLS.
  4. ANY PERSON, FIRM, CORPORATION  OR  ASSOCIATION  WHO  VIOLATES  THIS
SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE THOU-
SAND DOLLARS FOR EACH SUCH VIOLATION.
  5. THE COMMISSIONER MAY WAIVE THE PROVISIONS OF THIS SECTION IN  WHOLE
OR  IN  PART UPON A FINDING MY THE COMMISSIONER IN A PARTICULAR INSTANCE
THAT THERE IS NO SIGNIFICANT THREAT TO THE PUBLIC HEALTH.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05082-02-1

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