S T A T E O F N E W Y O R K
________________________________________________________________________
5751
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
restrictions on lead-containing products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 11 to read as follows:
TITLE 11
LEAD-CONTAINING PRODUCTS
SECTION 37-1101. DEFINITIONS.
37-1103. APPLICABILITY.
37-1105. PRESENCE OF LEAD IN CONSUMER PRODUCTS PROHIBITED.
37-1107. EXEMPT PRODUCTS.
37-1109. PRIVATE RIGHT OF ACTION.
37-1111. CONSTRUCTION.
§ 37-1101. DEFINITIONS.
AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "CONSUMER PRODUCT" SHALL MEAN ANY TANGIBLE GOOD SOLD OR MANUFAC-
TURED IN THE STATE WHICH IS MOVABLE AT THE TIME IT IS CONVEYED BY THE
SELLER TO ANOTHER PARTY. CONSUMER PRODUCTS SHALL INCLUDE COMPONENTS OF
PRODUCTS.
2. "CHILDREN'S PRODUCT" MEANS A CONSUMER PRODUCT THAT IS MADE FOR,
MARKETED FOR USE BY, OR MARKETED TO, CHILDREN AND INCLUDES CONSUMER
PRODUCTS THAT MEET ANY OF THE FOLLOWING CONDITIONS:
(A) REPRESENTED IN ITS PACKAGING, DISPLAY, OR ADVERTISING, AS APPRO-
PRIATE FOR USE BY CHILDREN.
(B) SIZED FOR CHILDREN AND NOT INTENDED FOR USE BY ADULTS.
(C) SOLD IN ANY OF THE FOLLOWING:
(I) A VENDING MACHINE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10054-02-3
A. 5751 2
(II) RETAIL STORE, CATALOGUE, OR ONLINE WEB SITE, IN WHICH A PERSON
EXCLUSIVELY OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED, DISPLAYED, OR
ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
(III) A DISCRETE PORTION OF A RETAIL STORE, CATALOGUE, OR ONLINE WEB
SITE, IN WHICH A PERSON OFFERS FOR SALE PRODUCTS THAT ARE PACKAGED,
DISPLAYED, OR ADVERTISED AS APPROPRIATE FOR USE BY CHILDREN.
3. "PURCHASER" SHALL MEAN A PERSON WHO PURCHASED A PRODUCT SOLD AS NEW
DIRECTLY FROM A MANUFACTURER, RETAILER, OR A PERSON SELLING ON BEHALF OF
A RETAILER OR MANUFACTURER.
4. "RETAILER" SHALL MEAN A PERSON OR ENTITY WHO, IN THE NORMAL COURSE
OF BUSINESS, OFFERS FOR SALE TO CONSUMERS NEW CONSUMER PRODUCTS.
§ 37-1103. APPLICABILITY.
1. THE PROVISIONS OF THIS TITLE SHALL APPLY TO CONSUMER PRODUCTS
PRODUCED AFTER THE EFFECTIVE DATE OF THIS TITLE.
2. THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO CONSUMER PRODUCTS
SOLD OR DISTRIBUTED FOR FREE AT SECONDHAND STORES, YARD SALES, ON THE
INTERNET OR DONATED TO CHARITIES.
3. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO CHILDREN'S PROD-
UCT MANUFACTURERS THAT EMPLOY FIVE PERSONS OR FEWER AND ARE INDEPENDENT-
LY OWNED AND OPERATED.
4. THE REQUIREMENTS OF THIS TITLE SHALL NOT APPLY TO LEAD GENERATED
SOLELY AS COMBUSTION BY-PRODUCTS OR THAT ARE PRESENT IN COMBUSTIBLE
FUELS.
5. A RETAILER IS EXEMPT FROM THE REQUIREMENTS OF THIS TITLE UNLESS
SUCH RETAILER SELLS A PRODUCT WHICH THEY KNOW CONTAINS LEAD IN VIOLATION
OF SECTION 37-1105 OF THIS TITLE.
§ 37-1105. PRESENCE OF LEAD IN CONSUMER PRODUCTS PROHIBITED.
NO PERSON OR ENTITY SHALL MANUFACTURE, SELL, OR OFFER FOR SALE, ANY
CONSUMER PRODUCT THAT CONTAINS A TOTAL LEAD CONTENT THAT IS MORE THAN
NINETY MILLIGRAMS PER KILOGRAM UNLESS SUCH ITEM BEARS A CONSPICUOUS
WARNING STATEMENT THAT INDICATES THAT THE PRODUCT CONTAINS LEAD.
§ 37-1107. EXEMPT PRODUCTS.
A CONSUMER PRODUCT MAY CONTAIN MORE LEAD THAN IS PROHIBITED BY SECTION
37-1105 OF THIS TITLE WHERE:
1. THE LEAD IS NECESSARY TO PRODUCE AN ESSENTIAL CHARACTERISTIC OF THE
PRODUCT; AND
2. NO ALTERNATIVE PRODUCT CONTAINING LESS LEAD IS AVAILABLE.
§ 37-1109. PRIVATE RIGHT OF ACTION.
ANY PERSON WHO HAS PURCHASED A PRODUCT WHICH IS IN VIOLATION OF
SECTION 37-1105 OF THIS TITLE SHALL HAVE A PRIVATE RIGHT OF ACTION
AGAINST ANY PERSON OR ENTITY WITHIN THE SUPPLY CHAIN OF SAID PRODUCT,
OTHER THAN THE RETAILER IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION
37-1103 OF THIS TITLE.
§ 37-1111. CONSTRUCTION.
THIS TITLE SHALL NOT BE CONSTRUED AS HAVING ANY EFFECT ON ANY STATE,
FEDERAL, OR LOCAL LAW, RULES, OR LOCAL ORDINANCE RELATING TO THE PRES-
ENCE OF LEAD IN ANY SPECIFIC PRODUCT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.