senate Bill S1644

2011-2012 Legislative Session

Requires a warning label attached to any holiday decorations containing lead

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 11, 2011 referred to health

S1644 - Details

Law Section:
Public Health Law
Laws Affected:
Add ยง1371-a, Pub Health L

S1644 - 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.

S1644 - Sponsor Memo

S1644 - Bill Text download pdf

                    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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