S T A T E O F N E W Y O R K
________________________________________________________________________
1756
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. ENGLEBRIGHT, COLTON, ORTIZ, BENEDETTO, DINOWITZ,
CLARK, LAVINE, ROSENTHAL -- Multi-Sponsored by -- M. of A. CAHILL,
CURRAN, GOTTFRIED, LUPARDO, PEOPLES-STOKES, PERRY, ROBINSON -- 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.
LBD05862-01-5
A. 1756 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
UP TO 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.
A. 1756 3
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.