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.
STATE OF NEW YORK
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1756
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
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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.
