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Senate Bill S378

2017-2018 Legislative Session

Requires a warning label attached to any holiday decorations containing lead

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S378 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1371-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1644
2013-2014: S2199
2015-2016: S1712

2017-S378 (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.

2017-S378 (ACTIVE) - Sponsor Memo

2017-S378 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    378
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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  holiday  deco-
   rations 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:
   § 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.
   § 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

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