A01756 Summary:

BILL NOA01756
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRColton, Ortiz, Benedetto, Dinowitz, Lavine, Rosenthal
 
MLTSPNSRCahill, 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 NOA01756
 
01/12/2015referred to health
01/06/2016referred to health
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A01756 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1756
 
SPONSOR: Englebright (MS)
  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 moni- tor 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 distrib- utor 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 distrib- uted 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 nation- wide. 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 informa- tion 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 Depart- ment.   EFFECTIVE DATE: This act shall take effect immediately.
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A01756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1756
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 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    § 2. This act shall take effect immediately.
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