Requires a warning label attached to any holiday decorations containing lead; such warning label shall read: WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD." Up to one thousand dollar civil penalty for violation of section.
TITLE OF BILL: An act to amend the public health law, in relation to prohibiting holiday decorations containing lead
PURPOSE: This bill would require that all artificial trees sold in New York State would be required to have a warning label on the box. The warning label will have to list all hazardous chemicals and any precautionary measures that should be taken before handling the tree.
SUMMARY OF PROVISIONS: Any store selling artificial Christmas trees which were manufactured either in New York State or out of New York State will have to have a warning label on the outside of the box before sold in N ew York State. This would be the responsibility of the store selling the product to make sure every box has this label.
EXISTING LAW: None.
JUSTIFICATION: There are many chemicals that are used in producing these artificial trees and it is important that everyone is aware of these chemicals before handling the artificial tree, especially with children around the tree for a long period of time. We need to make sure that people are aware and know to take precautionary measures before and after handling the artificial tree.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: To be determined.
LOCAL FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: 30 days after taking effect.
STATE OF NEW YORK ________________________________________________________________________ 1644 2011-2012 Regular Sessions IN SENATE January 11, 2011 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting holi- day decorations containing lead THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 1371-a to read as follows: S 1371-A. WARNING LABEL ON HOLIDAY DECORATIONS CONTAINING LEAD. 1. ON EACH HOLIDAY DECORATION SOLD OR DELIVERED BY A MANUFACTURER OR DISTRIBU- TOR WITHIN THIS STATE THAT: (A) HAS PAINT OR OTHER SIMILAR SURFACE-COATING MATERIAL THEREON; OR (B) IS MADE OF ANY PLASTIC MATERIAL, SUCH AS PVC OR POLYVINYL CHLORIDE WHICH CONTAINS MORE THAN .06 OF ONE PER CENTUM OF METALLIC LEAD BASED ON THE TOTAL WEIGHT OF THE CONTAINED SOLIDS OR DRIED PAINT FILM THERE SHALL BE PRINTED THEREON OR ATTACHED THERETO A WARNING LABEL. 2. SUCH WARNING LABEL SHALL CONTAIN THE FOLLOWING STATEMENT: "WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD." 3. FOR THE PURPOSES OF THIS SECTION, THE TERM "HOLIDAY DECORATIONS" SHALL INCLUDE, BUT NOT BE LIMITED TO, ARTIFICIAL CHRISTMAS TREES, PLANTS, FLOWERS OR WREATHS, HOLIDAY LIGHTS, STOCKINGS, CANDLES, FIGU- RINES AND BELLS. 4. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE THOU- SAND DOLLARS FOR EACH SUCH VIOLATION. 5. THE COMMISSIONER MAY WAIVE THE PROVISIONS OF THIS SECTION IN WHOLE OR IN PART UPON A FINDING MY THE COMMISSIONER IN A PARTICULAR INSTANCE THAT THERE IS NO SIGNIFICANT THREAT TO THE PUBLIC HEALTH. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05082-02-1