senate Bill S2199

2013-2014 Legislative Session

Requires a warning label attached to any holiday decorations containing lead

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2014 reported and committed to consumer protection
Jan 08, 2014 referred to health
Jan 14, 2013 referred to health

Votes

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May 20, 2014 - Health committee Vote

S2199
13
0
committee
13
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S2199 - Bill Details

See Assembly Version of this Bill:
A6938
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add ยง1371-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S1644

S2199 - Bill Texts

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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.

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BILL NUMBER:S2199

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 precau-
tionary 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 New 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: 2011-2012: S.1644-Referred to Health

FISCAL IMPLICATIONS: To be determined.

LOCAL FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: 30 days after taking effect.

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

                                  2199

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

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 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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