S T A T E   O F   N E W   Y O R K
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                                  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:

  Section 1. The public health law is amended by adding two new sections
1371-a and 1371-b to read as follows:
  S  1371-A.  LEAD IN CANDY. 1. THE DEPARTMENT SHALL MONITOR LEAD LEVELS
IN ALL CANDY SOLD OR DISTRIBUTED IN THE STATE. MONITORING SHALL  INCLUDE
SAMPLING  AND  TESTING  TO  DETERMINE  THE  LEAD LEVELS CONTAINED IN THE
CANDY.
  2. FOR THE PURPOSES OF THIS SECTION, "MAXIMUM  ALLOWABLE  LEAD  LEVEL"
SHALL  MEAN  ONE-TENTH  PART OF LEAD PER MILLION PARTS AS ESTABLISHED IN
THE REGULATIONS AND GUIDELINES OF THE FEDERAL  FOOD  AND  DRUG  ADMINIS-
TRATION.
  3.  IF THE LEAD LEVEL IN CANDY THAT IS TESTED BY THE DEPARTMENT PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION  EXCEEDS  THE  MAXIMUM  ALLOWABLE
LEAD LEVEL, THE DEPARTMENT SHALL:
  (A)  ISSUE HEALTH ADVISORY NOTICES TO COUNTY HEALTH DEPARTMENTS ALERT-
ING THEM TO THE DANGER POSED BY CONSUMPTION OF SUCH CANDY EXCEEDING  THE
MAXIMUM ALLOWABLE LEAD LEVEL; AND
  (B)  NOTIFY  THE  MANUFACTURER  AND THE DISTRIBUTOR OF SUCH CANDY THAT
SUCH CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT SUCH CANDY
SHALL NOT BE SOLD OR DISTRIBUTED IN  THE  STATE  UNTIL  FURTHER  TESTING
PROVES  THAT  THE CANDY IS IN COMPLIANCE WITH THE MAXIMUM ALLOWABLE LEAD
LEVEL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04992-01-9

              

A. 1745                             2

  4. (A) IF CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, THE MANUFAC-
TURER OR DISTRIBUTOR THEREOF MAY CORRECT THE PROBLEM  AND  RESUBMIT  THE
CANDY TO THE DEPARTMENT FOR FURTHER TESTING.
  (B)  IF  THE LEAD CONTENT OF SUCH CANDY IS BELOW THE MAXIMUM ALLOWABLE
LEAD LEVEL WHEN  IT  IS  RETESTED,  THE  DEPARTMENT  SHALL  PROVIDE  THE
MANUFACTURER  OR  DISTRIBUTOR  AND  THE  COUNTY HEALTH DEPARTMENT WITH A
LETTER STATING THAT THE  CANDY  HAS  BEEN  RETESTED  AND  DETERMINED  TO
CONTAIN  LESS  THAN  THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT THE SALE
AND DISTRIBUTION OF THE CANDY IN THE STATE MAY RESUME.   THE  DEPARTMENT
SHALL  ALSO  NOTIFY  THE  PUBLIC  STATING  THAT  SUCH  CANDY IS SAFE FOR
CONSUMPTION.
  (C) IF THE CANDY STILL EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL  AFTER
IT  HAS  BEEN RETESTED, THE MANUFACTURER OR DISTRIBUTOR MAY TAKE CORREC-
TIVE MEASURES AND CONTINUE TO RESUBMIT SAMPLES FOR  TESTING  UNTIL  SUCH
CANDY'S  LEAD  CONTENT  IS BELOW THE MAXIMUM ALLOWABLE LEAD LEVEL IF THE
MANUFACTURER OR DISTRIBUTOR WISHES TO SELL OR DISTRIBUTE  THE  CANDY  IN
THE STATE.
  5.  THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC INFORMATION
PROGRAM ON THE POTENTIAL HAZARDS OF  CANDY  CONTAINING  LEAD,  TARGETING
CANDY  PRODUCTS  AND CONSUMERS OF SPECIFIC CANDY PRODUCTS THAT HAVE BEEN
FOUND TO EXCEED THE MAXIMUM ALLOWABLE LEAD LEVEL.  THE DEPARTMENT  SHALL
NOTIFY  THE  PUBLIC THAT SPECIFIC CANDY PRODUCTS THAT EXCEED THE MAXIMUM
ALLOWABLE LEAD LEVEL ARE PROHIBITED FROM SALE OR DISTRIBUTION UNTIL THEY
COMPLY WITH THE MAXIMUM ALLOWABLE LEAD LEVEL.  AT  SUCH  TIME  AS  THESE
CANDY PRODUCTS ARE RETESTED AND HAVE BEEN FOUND TO COMPLY WITH THE MAXI-
MUM  ALLOWABLE  LEAD LEVEL, THE DEPARTMENT SHALL PROVIDE THE PUBLIC WITH
SUCH INFORMATION.
  6. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
REPORT  TO  THE  GOVERNOR  AND  THE  LEGISLATURE WHICH SHALL INCLUDE THE
RESULTS OF THE TESTING OF CANDY PURSUANT TO THIS SECTION AND  A  LISTING
OF  ALL  CANDIES  WHICH ARE PROHIBITED FROM BEING SOLD OR DISTRIBUTED IN
THE STATE PURSUANT TO THIS SECTION.
  S 1371-B. LEAD IN SOFT VINYL LUNCH BOXES, AND  INFANT  AND  CHILDREN'S
BIBS.    1.  THE DEPARTMENT SHALL MONITOR LEAD LEVELS IN AND ON ALL SOFT
VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS SOLD OR DISTRIBUTED IN
THE STATE. MONITORING SHALL INCLUDE TESTING TO DETERMINE THE LEAD LEVELS
CONTAINED IN OR ON SOFT VINYL LUNCH BOXES,  AND  INFANT  AND  CHILDREN'S
BIBS.
  2.  NO  PERSON  OR ENTITY SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER
FOR SALE IN THIS STATE ANY SOFT VINYL LUNCH BOX, OR INFANT OR CHILDREN'S
BIB WHICH CONTAINS MORE THAN SIX HUNDRED PARTS PER MILLION OF LEAD. EACH
VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A SEPARATE VIOLATION  AND
SHALL  SUBJECT THE PERSON COMMITTING THE VIOLATION TO A CIVIL PENALTY OF
ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
  3. THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC  INFORMATION
PROGRAM  ON  THE POTENTIAL HAZARDS OF SOFT VINYL LUNCH BOXES, AND INFANT
AND CHILDREN'S BIBS CONTAINING LEAD AND ADVISE ANY PERSON  POSSESSING  A
SOFT  VINYL LUNCH BOX, OR INFANT OR CHILDREN'S BIB ACQUIRED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION THAT THEY SHOULD DISCARD SUCH  LUNCH  BOX
OR  BIB.    THE  DEPARTMENT SHALL UTILIZE ITS WEBSITE AND OTHER MEANS OF
PUBLIC OUTREACH TO ENSURE THAT CONSUMERS, PARTICULARLY THOSE WITH  CHIL-
DREN,  ARE  ALERTED  TO  SUCH HAZARDS. THE INFORMATION SHALL INCLUDE THE
MEANS BY WHICH THE PUBLIC CAN  IDENTIFY  SOFT  VINYL  LUNCH  BOXES,  AND
INFANT  AND  CHILDREN'S  BIBS  WHICH  CAN  POTENTIALLY CONTAIN EXCESSIVE
LEVELS OF LEAD.

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  4. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
REPORT TO THE GOVERNOR AND THE LEGISLATURE WHICH SHALL INCLUDE A LISTING
OF  ALL SOFT VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS WHICH ARE
PROHIBITED PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.