Senate Bill S4465

                                 BILL NUMBER:  S4465

 TITLE OF BILL :  An act to amend the public health law, in relation
to the manufacture and sale of seasonal and decorative lighting
products containing lead

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to minimize, and eventually stop
altogether, the negative impact of lead in seasonal and decorative
lighting products lead.

 SUMMARY OF PROVISIONS :

Section 1. The Public Health Law is amended by adding a new section
1376-h. which reads as follows: § 1376-b. Manufacture and sale of
seasonal and decorative lighting products containing lead. 1. Defines
"seasonal and decorative lighting product".

2. Each SADLP manufactured, sold or distributed in New York State that
has an electrical cord casing made with polyvinyl chloride, which lead
is used as a fire-retardant, must have a warning label.

3. At minimal, the warning label must read, "WARNING: HANDLING THE
COATED ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO LEAD. WASH
HANDS THOROUGHLY AFTER USE."
              

4. Any person, firm, corporation or association who violates this
section shall be subject to a civil penalty of not more than $1,000
dollars for each such violation.

5. The Commissioner may waive the provisions of this section in whole
or in part upon finding by the commissioner in a particular instance
that there is no significant threat to public health.

Section 2. Establishes the effective date.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

Not applicable at this time.

 JUSTIFICATION :

Decorative and seasonal holiday lights have been shown to contain
potentially unsafe levels of lead. Several independent studies, which
followed the Consumer Product Safety Commission's (CPSC) standard wipe
test to see how much lead would come off on someone's hands, revealed
that some brands contained more than 30 times the levels regulators
permit in children's products. One 2008 study published in the Journal
of Environmental Health, found that nearly all the light sets tested
had levels that surpassed the Environmental Protection Agency's limit
for windowsills and floors.

Exposure to lead has been repeatedly proven to be attributed to
serious health problems - including attacks on the brain and central
nervous system, heart and kidney disease, reduced fertility and
depression with severe consequences for children. According to the
World Health Organization (WHO), there is no safe blood level
concentration.

While federal law bans the sale and manufacture of lead in house paint
and gasoline and New York enacts stringent limits only on paint on
children's toys and furniture and some glazed tableware, the sale of
most other consumer products containing lead in the state are not as
strictly regulated.

Holiday/decorative lights - the vast majority of them manufactured
overseas - have lead applied to the polyvinylchloride (PVC) wire
covering to keep the plastic from cracking and acts as a flame
retardant. This bill would require any products containing lead, sold
in the State of New York, to have an explicit warning label advising
that the product may expose the consumer to the substance with clear
instructions to wash hands.

As lead is not readily absorbed through skin, the main worry regarding
exposure stems from ingesting the traces that are left on the hands of
a person after they have finished handling the lights. This
legislation would afford much needed protection to the consumer from
unnecessary high levels of lead through a simple warning label.

 PRIOR LEGISLATIVE HISTORY :

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

There are no fiscal implications associated with the passage of this
legislation.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.