A01756 Summary:

BILL NO    A01756 

SAME AS    No same as 

SPONSOR    Englebright (MS)

COSPNSR    Colton, Ortiz, Benedetto, Dinowitz, Clark, Lavine, Rosenthal

MLTSPNSR   Cahill, Curran, Gottfried, Lupardo, Peoples-Stokes, Perry, Robinson

Add SS1371-a & 1371-b, Pub Health L

Requires the department of health to monitor the lead levels in candy and to
prohibit the sale or distribution of candy with lead in it; prohibits the
manufacture, distribution, sale and offering for sale of soft vinyl lunch boxes
and infant and children's bibs containing more than 600 parts per million of
lead; imposes a $1,000 fine for each violation relating to soft vinyl lunch
boxes and infant and children's bibs; directs the department of health to
conduct an extensive public information program on lead in candy, soft vinyl
lunch boxes and infant and children's bibs.
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A01756 Actions:

BILL NO    A01756 

01/12/2015 referred to health
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A01756 Votes:

There are no votes for this bill in this legislative session.
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A01756 Memo:

BILL NUMBER:A1756

TITLE OF BILL:  An act to amend the public health law, in relation to
lead in candy, soft vinyl lunch boxes, and infant and children's vinyl
bibs

PURPOSE OR GENERAL IDEA OF THE BILL:

The bill would require the Department of Health to monitor the lead
levels in candy and to prohibit the sale or distribution of candy
containing lead. Further, the bill would require the Department to
monitor the levels of lead in soft vinyl lunch boxes and would
regulate the sale of certain lunch boxes

SUMMARY OF PROVISIONS:

The bill would require the Health Department to sample and test lead
levels in candy to ensure they do not exceed federal guidelines.

If lead levels exceed the standards recommended by the food and drug
administration, the Department must notify the manufacturer and
distributor of the candy that their candy exceeds the standards and
notify the public that the candy exceeds federal recommended lead
levels (zero point one parts million .1 ppm). The candy could not be
sold or distributed until retesting occurs and shows that the candy is
in compliance with the maximum allowable lead level. Manufacturers
could resubmit the candy for testing until compliance is achieved or
not.

The Department would be required to report to the Governor and the
Legislature biannually on the results of the program, including the
results of the sampling and testing programs and a list of all candies
which are prohibited from being sold or distributed in the State.

Further, the bill would require the Department monitor lead levels in
soft vinyl lunch boxes made, sold or distributed in the State. Such
lunch boxes containing more than 600 ppm would be prohibited from sale
or distribution in New York. The Department would also be responsible
for conducting an extensive public education campaign about the
hazards of these lunch boxes, and to report to the Governor and
Legislature regarding those lunch boxes affected by this legislation.

JUSTIFICATION:

Lead is a neurotoxin that is particularly hazardous to young children,
causing permanent neurological damage. Exposures to even very low
levels of lead can cause brain function impairment. No level of lead
exposure has been found to be safe for a developing child.

High concentrations of lead have been found in candy, particularly
imported candy. These candies use primarily chili powder from chilies
which are grown and processed in Mexico. The high levels of lead
result from a number of factors, including lead in soil in which
chilies are grown as well as other lead contamination during the
transport, grinding and candy-making process.


Testing of candy in California, particularly from Mexico, has found
high levels of lead in the candy and wrappers. Companies in the United
States have bought out Mexican brands, thereby increasing the
possibility of lead-containing candy to be sold in the US. Although
the problem was originally identified in California, candy made from
chilies can be marketed anywhere in the US.

Soft vinyl lunch boxes also have been found to contain high levels of
lead. For example, one lunch box made by Targus International tested
at 56,400 ppm, more than 90 times the 600 ppm legal limit for lead in
paint in children's products. In November 2005, the NYS Attorney
General reached an agreement with Fast Forward, LLC, one of the
companies making these products, to recall 22 styles of lunch boxes
from NYS stores. WalMart voluntarily pulled these lunch boxes from
their stores nationwide.

It is the purpose of this legislation to reduce the significant risk
of lead exposure, particularly to children, by eliminating or limiting
the availability of lead-containing candy in New York. The public
information campaign on the hazards associated with lead exposure and
ingestion of candy containing lead would alert parents, children and
the general public to avoid contact with these candies.

LEGISLATIVE HISTORY:

2005-06 A.8226C amended and recommitted to codes
2007-08 A.882A referred to codes
2009-10 A.1745 referred to codes
2011-12 A.3815 health

FISCAL IMPLICATIONS:

There would be nominal sampling and testing costs to the Health
Department.

EFFECTIVE DATE:

This act shall take effect immediately.
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A01756 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1756

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2015
                                      ___________

       Introduced  by M. of A. ENGLEBRIGHT, COLTON, ORTIZ, BENEDETTO, DINOWITZ,
         CLARK, LAVINE, ROSENTHAL -- Multi-Sponsored by --  M.  of  A.  CAHILL,
         CURRAN,  GOTTFRIED,  LUPARDO,  PEOPLES-STOKES, PERRY, ROBINSON -- read
         once and referred to the Committee on Health

       AN ACT to amend the public health law, in relation  to  lead  in  candy,
         soft vinyl lunch boxes, and infant and children's vinyl bibs

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The public health law is amended by adding two new sections
    2  1371-a and 1371-b to read as follows:
    3    S 1371-A. LEAD IN CANDY. 1. THE DEPARTMENT SHALL MONITOR  LEAD  LEVELS
    4  IN  ALL CANDY SOLD OR DISTRIBUTED IN THE STATE. MONITORING SHALL INCLUDE
    5  SAMPLING AND TESTING TO DETERMINE  THE  LEAD  LEVELS  CONTAINED  IN  THE
    6  CANDY.
    7    2.  FOR  THE  PURPOSES OF THIS SECTION, "MAXIMUM ALLOWABLE LEAD LEVEL"
    8  SHALL MEAN ONE-TENTH PART OF LEAD PER MILLION PARTS  AS  ESTABLISHED  IN
    9  THE  REGULATIONS  AND  GUIDELINES  OF THE FEDERAL FOOD AND DRUG ADMINIS-
   10  TRATION.
   11    3. IF THE LEAD LEVEL IN CANDY THAT IS TESTED BY THE DEPARTMENT  PURSU-
   12  ANT  TO  SUBDIVISION  ONE  OF THIS SECTION EXCEEDS THE MAXIMUM ALLOWABLE
   13  LEAD LEVEL, THE DEPARTMENT SHALL:
   14    (A) ISSUE HEALTH ADVISORY NOTICES TO COUNTY HEALTH DEPARTMENTS  ALERT-
   15  ING  THEM TO THE DANGER POSED BY CONSUMPTION OF SUCH CANDY EXCEEDING THE
   16  MAXIMUM ALLOWABLE LEAD LEVEL; AND
   17    (B) NOTIFY THE MANUFACTURER AND THE DISTRIBUTOR  OF  SUCH  CANDY  THAT
   18  SUCH CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT SUCH CANDY
   19  SHALL  NOT  BE  SOLD  OR  DISTRIBUTED IN THE STATE UNTIL FURTHER TESTING
   20  PROVES THAT THE CANDY IS IN COMPLIANCE WITH THE MAXIMUM  ALLOWABLE  LEAD
   21  LEVEL.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05862-01-5
       A. 1756                             2

    1    4. (A) IF CANDY EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL, THE MANUFAC-
    2  TURER  OR  DISTRIBUTOR  THEREOF MAY CORRECT THE PROBLEM AND RESUBMIT THE
    3  CANDY TO THE DEPARTMENT FOR FURTHER TESTING.
    4    (B)  IF  THE LEAD CONTENT OF SUCH CANDY IS BELOW THE MAXIMUM ALLOWABLE
    5  LEAD LEVEL WHEN  IT  IS  RETESTED,  THE  DEPARTMENT  SHALL  PROVIDE  THE
    6  MANUFACTURER  OR  DISTRIBUTOR  AND  THE  COUNTY HEALTH DEPARTMENT WITH A
    7  LETTER STATING THAT THE  CANDY  HAS  BEEN  RETESTED  AND  DETERMINED  TO
    8  CONTAIN  LESS  THAN  THE MAXIMUM ALLOWABLE LEAD LEVEL, AND THAT THE SALE
    9  AND DISTRIBUTION OF THE CANDY IN THE STATE MAY RESUME.   THE  DEPARTMENT
   10  SHALL  ALSO  NOTIFY  THE  PUBLIC  STATING  THAT  SUCH  CANDY IS SAFE FOR
   11  CONSUMPTION.
   12    (C) IF THE CANDY STILL EXCEEDS THE MAXIMUM ALLOWABLE LEAD LEVEL  AFTER
   13  IT  HAS  BEEN RETESTED, THE MANUFACTURER OR DISTRIBUTOR MAY TAKE CORREC-
   14  TIVE MEASURES AND CONTINUE TO RESUBMIT SAMPLES FOR  TESTING  UNTIL  SUCH
   15  CANDY'S  LEAD  CONTENT  IS BELOW THE MAXIMUM ALLOWABLE LEAD LEVEL IF THE
   16  MANUFACTURER OR DISTRIBUTOR WISHES TO SELL OR DISTRIBUTE  THE  CANDY  IN
   17  THE STATE.
   18    5.  THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC INFORMATION
   19  PROGRAM ON THE POTENTIAL HAZARDS OF  CANDY  CONTAINING  LEAD,  TARGETING
   20  CANDY  PRODUCTS  AND CONSUMERS OF SPECIFIC CANDY PRODUCTS THAT HAVE BEEN
   21  FOUND TO EXCEED THE MAXIMUM ALLOWABLE LEAD LEVEL.  THE DEPARTMENT  SHALL
   22  NOTIFY  THE  PUBLIC THAT SPECIFIC CANDY PRODUCTS THAT EXCEED THE MAXIMUM
   23  ALLOWABLE LEAD LEVEL ARE PROHIBITED FROM SALE OR DISTRIBUTION UNTIL THEY
   24  COMPLY WITH THE MAXIMUM ALLOWABLE LEAD LEVEL.  AT  SUCH  TIME  AS  THESE
   25  CANDY PRODUCTS ARE RETESTED AND HAVE BEEN FOUND TO COMPLY WITH THE MAXI-
   26  MUM  ALLOWABLE  LEAD LEVEL, THE DEPARTMENT SHALL PROVIDE THE PUBLIC WITH
   27  SUCH INFORMATION.
   28    6. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
   29  REPORT  TO  THE  GOVERNOR  AND  THE  LEGISLATURE WHICH SHALL INCLUDE THE
   30  RESULTS OF THE TESTING OF CANDY PURSUANT TO THIS SECTION AND  A  LISTING
   31  OF  ALL  CANDIES  WHICH ARE PROHIBITED FROM BEING SOLD OR DISTRIBUTED IN
   32  THE STATE PURSUANT TO THIS SECTION.
   33    S 1371-B. LEAD IN SOFT VINYL LUNCH BOXES, AND  INFANT  AND  CHILDREN'S
   34  BIBS.    1.  THE DEPARTMENT SHALL MONITOR LEAD LEVELS IN AND ON ALL SOFT
   35  VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS SOLD OR DISTRIBUTED IN
   36  THE STATE. MONITORING SHALL INCLUDE TESTING TO DETERMINE THE LEAD LEVELS
   37  CONTAINED IN OR ON SOFT VINYL LUNCH BOXES,  AND  INFANT  AND  CHILDREN'S
   38  BIBS.
   39    2.  NO  PERSON  OR ENTITY SHALL MANUFACTURE, DISTRIBUTE, SELL OR OFFER
   40  FOR SALE IN THIS STATE ANY SOFT VINYL LUNCH BOX, OR INFANT OR CHILDREN'S
   41  BIB WHICH CONTAINS MORE THAN SIX HUNDRED PARTS PER MILLION OF LEAD. EACH
   42  VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A SEPARATE VIOLATION  AND
   43  SHALL  SUBJECT THE PERSON COMMITTING THE VIOLATION TO A CIVIL PENALTY OF
   44  UP TO ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
   45    3. THE  DEPARTMENT  SHALL  CONDUCT  AN  EXTENSIVE  PUBLIC  INFORMATION
   46  PROGRAM  ON  THE POTENTIAL HAZARDS OF SOFT VINYL LUNCH BOXES, AND INFANT
   47  AND CHILDREN'S BIBS CONTAINING LEAD AND ADVISE ANY PERSON  POSSESSING  A
   48  SOFT  VINYL LUNCH BOX, OR INFANT OR CHILDREN'S BIB ACQUIRED PRIOR TO THE
   49  EFFECTIVE DATE OF THIS SECTION THAT THEY SHOULD DISCARD SUCH  LUNCH  BOX
   50  OR  BIB.    THE  DEPARTMENT SHALL UTILIZE ITS WEBSITE AND OTHER MEANS OF
   51  PUBLIC OUTREACH TO ENSURE THAT CONSUMERS, PARTICULARLY THOSE WITH  CHIL-
   52  DREN,  ARE  ALERTED  TO  SUCH HAZARDS. THE INFORMATION SHALL INCLUDE THE
   53  MEANS BY WHICH THE PUBLIC CAN  IDENTIFY  SOFT  VINYL  LUNCH  BOXES,  AND
   54  INFANT  AND  CHILDREN'S  BIBS  WHICH  CAN  POTENTIALLY CONTAIN EXCESSIVE
   55  LEVELS OF LEAD.
       A. 1756                             3

    1    4. ON OR BEFORE MARCH FIRST EACH YEAR, THE DEPARTMENT SHALL  SUBMIT  A
    2  REPORT TO THE GOVERNOR AND THE LEGISLATURE WHICH SHALL INCLUDE A LISTING
    3  OF  ALL SOFT VINYL LUNCH BOXES, AND INFANT AND CHILDREN'S BIBS WHICH ARE
    4  PROHIBITED PURSUANT TO THIS SECTION.
    5    S 2. This act shall take effect immediately.
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