BILL NO A01756
SAME AS No Same as
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.
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
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.
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-
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.
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
There would be nominal sampling and testing costs to the Health Depart-
This act shall take effect immediately.
STATE OF NEW YORK
2015-2016 Regular Sessions
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
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-
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
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
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
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.