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Assembly Bill A1984C

2011-2012 Legislative Session

Relates to ultraviolet nail dryers

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A1984 - Details

See Senate Version of this Bill:
S7578
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §404-c, Gen Bus L; amd §3550, add §3556, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A734, S2043
2015-2016: A517, S1982
2017-2018: A2276, S565

2011-A1984 - Summary

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

2011-A1984 - Bill Text download pdf

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

                                  1984

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, LANCMAN,
  McDONOUGH -- Multi-Sponsored by -- M. of A. JEFFRIES -- read once  and
  referred to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the  general  business law, in relation to requiring
  health warnings on ultraviolet nail dryers

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

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S  392-J.  WARNINGS ON ULTRAVIOLET NAIL DRYERS. 1. NO OWNER, OPERATOR,
OR EMPLOYEE OF A SALON SHALL USE AN ULTRAVIOLET NAIL DRYER, UNLESS  SUCH
DEVICE  IS  CONSPICUOUSLY  LABELED  WITH  A  WARNING  STATING THE HEALTH
HAZARDS ASSOCIATED WITH THE USE OF SUCH DEVICE, IN A MANNER AND FORM  TO
BE DETERMINED BY THE COMMISSIONER OF HEALTH.
  2.  ANY  OWNER  OR  OPERATOR  WHO  KNOWINGLY  FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE ASSESSED A CIVIL  PENALTY  NOT  TO
EXCEED  FIFTY DOLLARS FOR THE FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A
SECOND VIOLATION, AND TWO  HUNDRED  FIFTY  DOLLARS  FOR  ANY  SUBSEQUENT
VIOLATION.  EACH  DAY  SUCH  OFFENSE  SHALL CONTINUE, SHALL CONSTITUTE A
SEPARATE ADDITIONAL VIOLATION. IT SHALL BE A DEFENSE TO  THE  IMPOSITION
OF  ANY  SUCH  CIVIL  PENALTY THAT THE DEVICE WAS LABELED AS REQUIRED BY
THIS SECTION AND SUCH LABEL WAS REMOVED OR DEFACED BY VANDALS,  PROVIDED
THE  PERSON  REQUIRED  TO  COMPLY  WITH  THIS  SECTION  SUBSEQUENTLY  SO
COMPLIES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health  is
authorized  to, on or before such date, promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-01-1


              

co-Sponsors

multi-Sponsors

2011-A1984A - Details

See Senate Version of this Bill:
S7578
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §404-c, Gen Bus L; amd §3550, add §3556, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A734, S2043
2015-2016: A517, S1982
2017-2018: A2276, S565

2011-A1984A - Summary

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

2011-A1984A - Bill Text download pdf

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

                                 1984--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, LANCMAN,
  McDONOUGH -- Multi-Sponsored by -- M. of A. JEFFRIES -- read once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the public health law, in relation to requiring health
  warnings on ultraviolet nail dryers

  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
3556 to read as follows:
  S 3556. WARNINGS ON ULTRAVIOLET NAIL DRYERS. 1. NO OWNER, OPERATOR, OR
EMPLOYEE OF AN APPEARANCE ENHANCEMENT BUSINESS SHALL USE AN  ULTRAVIOLET
NAIL  DRYER,  UNLESS SUCH DEVICE IS CONSPICUOUSLY LABELED WITH A WARNING
STATING THE HEALTH HAZARDS ASSOCIATED WITH THE USE OF SUCH DEVICE, IN  A
MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER.
  2.  ANY  OWNER  OR  OPERATOR  WHO  KNOWINGLY  FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE ASSESSED A CIVIL  PENALTY  NOT  TO
EXCEED  FIFTY DOLLARS FOR THE FIRST VIOLATION, ONE HUNDRED DOLLARS FOR A
SECOND VIOLATION, AND TWO  HUNDRED  FIFTY  DOLLARS  FOR  ANY  SUBSEQUENT
VIOLATION.  EACH  DAY  SUCH  OFFENSE  SHALL CONTINUE, SHALL CONSTITUTE A
SEPARATE ADDITIONAL VIOLATION. IT SHALL BE A DEFENSE TO  THE  IMPOSITION
OF  ANY  SUCH  CIVIL  PENALTY THAT THE DEVICE WAS LABELED AS REQUIRED BY
THIS SECTION AND SUCH LABEL WAS REMOVED OR DEFACED BY VANDALS,  PROVIDED
THE  PERSON  REQUIRED  TO  COMPLY  WITH  THIS  SECTION  SUBSEQUENTLY  SO
COMPLIES.
  S 2. The article heading of article 35-A of the public health law,  as
added by chapter 378 of the laws of 1990, is amended to read as follows:
                      ULTRAVIOLET [RADIATION] DEVICES
  S  3. Section 3550 of the public health law is amended by adding a new
subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-02-1
              

co-Sponsors

multi-Sponsors

2011-A1984B - Details

See Senate Version of this Bill:
S7578
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §404-c, Gen Bus L; amd §3550, add §3556, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A734, S2043
2015-2016: A517, S1982
2017-2018: A2276, S565

2011-A1984B - Summary

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

2011-A1984B - Bill Text download pdf

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

                                 1984--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, LANCMAN,
  McDONOUGH -- Multi-Sponsored by -- M. of A. JEFFRIES -- read once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business law and the public health  law,  in
  relation to requiring health warnings on ultraviolet nail dryers under
  certain circumstances

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

  Section 1. The general business law is amended by adding a new section
404-c to read as follows:
  S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO  EMIT  ELECTROMAG-
NETIC  RADIATION  IN  THE  WAVELENGTH  INTERVAL  OF  TWO HUNDRED TO FOUR
HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE  NAIL  CURING
OR HARDENING THROUGH IRRADIATION.
  2.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
OPED BY THE COMMISSIONER OF HEALTH REGARDING SUCH HEALTH  HAZARD  IN  AN
AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
CONDUCTED.  THE  DEPARTMENT  OF  HEALTH SHALL PREPARE AND MAKE SUCH SIGN
AVAILABLE TO EACH LICENSEE.
  3. IF THE COMMISSIONER OF HEALTH MAKES  A  DETERMINATION  PURSUANT  TO
SECTION  THIRTY-FIVE  HUNDRED  FIFTY-SIX  OF  THE PUBLIC HEALTH LAW THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-06-2
              

co-Sponsors

multi-Sponsors

2011-A1984C (ACTIVE) - Details

See Senate Version of this Bill:
S7578
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §404-c, Gen Bus L; amd §3550, add §3556, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A734, S2043
2015-2016: A517, S1982
2017-2018: A2276, S565

2011-A1984C (ACTIVE) - Summary

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

2011-A1984C (ACTIVE) - Bill Text download pdf

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

                                 1984--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, LANCMAN,
  McDONOUGH -- Multi-Sponsored by -- M. of A. JEFFRIES -- read once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee  on  Codes -- reported and referred to the Committee on
  Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general business law and the public health law, in
  relation to requiring the department of health to review the safety of
  ultraviolet nail dryers and authorizing the department  of  health  to
  promulgate any regulations deemed appropriate for governing the use of
  such devices by any appearance enhancement business

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

  Section 1. The general business law is amended by adding a new section
404-c to read as follows:
  S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO  EMIT  ELECTROMAG-
NETIC  RADIATION  IN  THE  WAVELENGTH  INTERVAL  OF  TWO HUNDRED TO FOUR
HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE  NAIL  CURING
OR HARDENING THROUGH IRRADIATION.
  2.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
OPED BY THE COMMISSIONER OF HEALTH REGARDING SUCH HEALTH  HAZARD  IN  AN
AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
CONDUCTED.  THE  DEPARTMENT  OF  HEALTH SHALL PREPARE AND MAKE SUCH SIGN
AVAILABLE TO EACH LICENSEE.

              

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