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Assembly Bill A6938

2013-2014 Legislative Session

Requires a warning label attached to any holiday decorations containing lead

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Archive: Last Bill Status - In Assembly Committee

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2013-A6938 (ACTIVE) - Details

See Senate Version of this Bill:
S2199
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add ยง1371-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1644
2015-2016: A5203, S1712
2017-2018: S378

2013-A6938 (ACTIVE) - Summary

Requires a warning label attached to any holiday decorations containing lead: "WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD."; provides for a civil penalty of up to one thousand dollars for each such violation.

2013-A6938 (ACTIVE) - Bill Text download pdf 

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

                                  6938

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 25, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred 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 BY 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.
                                                           LBD05218-01-3

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