Senate Bill S3493A

                                
 
BILL NUMBER: S3493

SPONSOR: CARLUCCI
 
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-b, 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 poten-
tially 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 chil-
dren'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 over-
seas - 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:

A. 4345 and S.4465 of 2017/2018
Similar to: A. 5203 and S. 1712 of 2015/2016
A. 6938 and S. 2199 of 2013/2014
A.1644 of 20111/2012

 
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.