S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6500
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 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 12 to read as follows:
                                 TITLE 12
                         LEAD-CONTAINING PRODUCTS
 SECTION 37-1201. DEFINITIONS.
         37-1203. APPLICABILITY.
         37-1205. PRESENCE OF LEAD IN CONSUMER PRODUCTS PROHIBITED.
         37-1207. EXEMPT PRODUCTS.
         37-1209. PRIVATE RIGHT OF ACTION.
         37-1211. CONSTRUCTION.
 § 37-1201. 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.
                                                            LBD10143-01-5
              

 A. 6500                             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.
 § 37-1203. 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 37-1205 OF THIS TITLE.
 § 37-1205. 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.
 § 37-1207. EXEMPT PRODUCTS.
   A CONSUMER PRODUCT MAY CONTAIN MORE LEAD THAN IS PROHIBITED BY SECTION
 37-1205 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.
 § 37-1209. PRIVATE RIGHT OF ACTION.
   ANY PERSON WHO HAS PURCHASED  A  PRODUCT  WHICH  IS  IN  VIOLATION  OF
 SECTION  37-1205  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
 37-1203 OF THIS TITLE.
 § 37-1211. 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.