NY State Senate Bill 2019-S3493A

Senate Bill S3493A

2019-2020 Legislative Session

Relates to the manufacture and sale of seasonal and decorative lighting products containing lead

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2020	print number 3493a
Feb 24, 2020	amend and recommit to health
Jan 08, 2020	referred to health
Feb 07, 2019	referred to health

Bill Amendments

Original

A (Active)

2019-S3493 - Details

See Assembly Version of this Bill:: A5147
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4465, A4345
2021-2022: S5675, A4522

2019-S3493 - Summary

Provides that on each seasonal and decorative lighting product manufactured, sold or delivered by a manufacturer or distributed in this state that contains an electrical cord casing in which lead is used, there shall be a warning label; defines terms; provides for civil penalties.

2019-S3493 - Sponsor Memo

                                
 
BILL NUMBER: S3493

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the manufacture and sale of seasonal and decorative lighting products
containing lead

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to minimize, and eventually stop
altogether, the negative impact of lead in seasonal and decorative
lighting products lead.

 
SUMMARY OF PROVISIONS:

Section 1. The Public Health Law is amended by adding a new section
1376-b, which reads as follows: § 1376-b. Manufacture and sale of
seasonal and decorative lighting products containing lead. 1. Defines
"seasonal and decorative lighting product". 2. Each SADLP manufactured,
sold or distributed in New York State that has an electrical cord casing
made with polyvinyl chloride, which lead is used as a fire-retardant,

must have a warning label. 3. At minimal, the warning label must read,
"WARNING: HANDLING THE COATED ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE
YOU TO LEAD. WASH HANDS THOROUGHLY AFTER USE." 4. Any person, firm ,
corporation or association who violates this section shall be subject to
a civil penalty of not more than $1,000 dollars for each such violation.
5. The Commissioner may waive the provisions of this section in whole or
in part upon finding by the commissioner in a particular instance that
there is no significant threat to public health.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Not applicable at this time.

 
JUSTIFICATION:

Decorative and seasonal holiday lights have been shown to contain poten-
tially unsafe levels of lead. Several independent studies, which
followed the Consumer Product Safety Commission's (CPSC) standard wipe
test to see how much lead would come off on someone's hands, revealed
that some brands contained more than 30 times the levels regulators
permit in children's products. One 2008 study published in the Journal
of Environmental Health, found that nearly all the light sets tested had
levels that surpassed the Environmental Protection Agency's limit for
windowsills and floors.

Exposure to lead has been repeatedly proven to be attributed to serious
health problems - including attacks on the brain and central nervous
system, heart and kidney disease, reduced fertility and depression -
with severe consequences for children. According to the World Health
Organization (WHO), there is no safe blood level concentration.

While federal law bans the sale and manufacture of lead in house paint
and gasoline and New York enacts stringent limits only on paint on chil-
dren's toys and furniture and some glazed tableware, the sale of most
other consumer products containing lead in the state are not as strictly
regulated.
Holiday/decorative lights - the vast majority of them manufactured over-
seas - have lead applied to the polyvinylchloride (PVC) wire covering to
keep the plastic from cracking and acts as a flame retardant. This bill
would require any products containing lead, sold in the State of New
York, to have an explicit warning label advising that the product may
expose the consumer to the substance with clear instructions to wash
hands.

As lead is not readily absorbed through skin, the main worry regarding
exposure stems from ingesting the traces that are left on the hands of a
person after they have finished handling the lights. This legislation
would afford much needed protection to the consumer from unnecessary
high levels of lead through a simple warning label.

 
PRIOR LEGISLATIVE HISTORY:

A. 4345 and S.4465 of 2017/2018
Similar to: A. 5203 and S. 1712 of 2015/2016
A. 6938 and S. 2199 of 2013/2014
A.1644 of 20111/2012

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2019-S3493 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3493                                                  A. 5147
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF, THIELE, MOSLEY,  GOTTFRIED,
   DE LA ROSA, JEAN-PIERRE, L. ROSENTHAL, GLICK -- read once and referred
   to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend the public health law, in relation to the manufacture
   and sale of seasonal and decorative lighting products 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
 1376-b to read as follows:
   § 1376-B. MANUFACTURE AND SALE OF  SEASONAL  AND  DECORATIVE  LIGHTING
 PRODUCTS  CONTAINING  LEAD.  1.  WHEN  USED IN THIS TITLE, "SEASONAL AND
 DECORATIVE LIGHTING PRODUCT" SHALL MEAN PORTABLE, PLUG-CONNECTED, TEMPO-
 RARY-USE LIGHTING PRODUCTS AND ACCESSORIES THAT HAVE A NOMINAL  120-VOLT
 INPUT VOLTAGE RATING.
   (A) LIGHTING PRODUCTS WITHIN THE SCOPE OF THIS RULE ARE FACTORY-ASSEM-
 BLED  WITH  PUSH-IN,  MIDGET-  OR  MINIATURE-  SCREW  BASE  LAMP HOLDERS
 CONNECTED IN SERIES OR PARALLEL, DIRECTLY ACROSS THE 120-VOLT INPUT.
   (B) SUCH LIGHTING PRODUCTS INCLUDE, BUT ARE  NOT  LIMITED  TO  LIGHTED
 DECORATIVE  OUTFITS SUCH AS WIRED HOLIDAY STRING LIGHTS, PRE-LIT ARTIFI-
 CIAL CHRISTMAS TREES, PLANTS, FLOWERS  OR  WREATHES,  STOCKINGS,  STARS,
 CANDLES AND LIGHT SCULPTURES.
   2. ON EACH SEASONAL AND DECORATIVE LIGHTING PRODUCT MANUFACTURED, SOLD
 OR  DELIVERED  BY  A  MANUFACTURER OR DISTRIBUTED WITHIN THIS STATE THAT
 CONTAINS AN ELECTRICAL CORD CASING MADE WITH POLYVINYL CHLORIDE IN WHICH
 LEAD IS USED AS A FIRE-RETARDANT AND STABILIZER, THERE SHALL BE  PRINTED
 THEREON OR ATTACHED THERETO A WARNING LABEL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00250-01-9

 S. 3493                             2                            A. 5147
 
   3. SUCH WARNING LABEL SHALL CONTAIN THE FOLLOWING STATEMENT: "WARNING:
 HANDLING  THE  COATED  ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO
 LEAD. WASH HANDS THOROUGHLY AFTER USE."
   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 FINDING BY THE COMMISSIONER  IN  A  PARTICULAR  INSTANCE
 THAT THERE IS NO SIGNIFICANT THREAT TO PUBLIC HEALTH.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2019-S3493A (ACTIVE) - Details

See Assembly Version of this Bill:: A5147
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1376-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4465, A4345
2021-2022: S5675, A4522

2019-S3493A (ACTIVE) - Summary

2019-S3493A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3493A

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law, in relation to the manufacture
and sale of seasonal and decorative lighting products containing lead

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to minimize, and eventually stop
altogether, the negative impact of lead in seasonal and decorative
lighting products lead.

 
SUMMARY OF PROVISIONS:

Section 1. The Public Health Law is amended by adding a new section
1376-b, which reads as follows: § 1376-b. Manufacture and sale of
seasonal and decorative lighting products containing lead. 1. Defines
"seasonal and decorative lighting product". 2. Each SADLP manufactured,
sold or distributed in New York State that has an electrical cord casing

that uses lead as a fire-retardant must have a warning label. 3. At
minimal, the warning label must read, "WARNING:  HANDLING THE COATED
ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO LEAD. WASH HANDS THOR-
OUGHLY AFTER USE." 4. Any person, firm, corporation or association who
violates this section shall be subject to a civil penalty of not more
than $1,000 dollars for each such violation. 5. The Commissioner may
waive the provisions of this section in whole or in part upon finding by
the commissioner in a particular instance that there is no significant
threat to public health.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended to include all SADLP that use lead as a fire-retardant.

 
JUSTIFICATION:

Decorative and seasonal holiday lights have been shown to contain poten-
tially unsafe levels of lead. Several independent studies, which
followed the Consumer Product Safety Commission's (CPSC) standard wipe
test to see how much lead would come off on someone's hands, revealed
that some brands contained more than 30 times the levels regulators
permit in children's products. One 2008 study published in the Journal
of Environmental Health, found that nearly all the light sets tested had
levels that surpassed the Environmental Protection Agency's limit for
windowsills and floors.

Exposure to lead has been repeatedly proven to be attributed to serious
health problems - including attacks on the brain and central nervous
system, heart and kidney disease, reduced fertility and depression -
with severe consequences for children. According to the World Health
Organization (WHO), there is no safe blood level concentration.

While federal law bans the sale and manufacture of lead in house paint
and gasoline and New York enacts stringent limits only on paint on chil-
dren's toys and furniture and some glazed tableware, the sale of most

other consumer products containing lead in the state are not as strictly
regulated.

Holiday/decorative lights - the vast majority of them manufactured over-
seas - have lead applied to wire covering to keep the plastic from
cracking and acts as a flame retardant. This bill would require any
products containing lead, sold in the State of New York, to have an
explicit warning label advising that the product may expose the consumer
to the substance with clear instructions to wash hands.

As lead is not readily absorbed through skin, the main worry regarding
exposure stems from ingesting the traces that are left on the hands of a
person after they have finished handling the lights. This legislation
would afford much needed protection to the consumer from unnecessary
high levels of lead through a simple warning label.

 
PRIOR LEGISLATIVE HISTORY:

A. 4345 and S.4465 of 2017/2018

Similar to:

A. 5203 and S. 1712 of 2015/2016

A. 6938 and S. 2199 of 2013/2014

A. 1644 of 2011/2012

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2019-S3493A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3493--A                                            A. 5147--A
                                                         Cal. No. 195
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY -- Introduced by M. of A. GALEF, THIELE, MOSLEY, GOTTFRIED,
   DE LA ROSA, JEAN-PIERRE, L. ROSENTHAL, GLICK -- read once and referred
   to the Committee on Consumer Affairs and Protection --  ordered  to  a
   third  reading,  amended and ordered reprinted, retaining its place on
   the order of third reading
 
 AN ACT to amend the public health law, in relation  to  the  manufacture
   and sale of seasonal and decorative lighting products 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
 1376-b to read as follows:
   §  1376-B.  MANUFACTURE  AND  SALE OF SEASONAL AND DECORATIVE LIGHTING
 PRODUCTS CONTAINING LEAD. 1. WHEN USED  IN  THIS  TITLE,  "SEASONAL  AND
 DECORATIVE LIGHTING PRODUCT" SHALL MEAN PORTABLE, PLUG-CONNECTED, TEMPO-
 RARY-USE  LIGHTING PRODUCTS AND ACCESSORIES THAT HAVE A NOMINAL 120-VOLT
 INPUT VOLTAGE RATING.
   (A) LIGHTING PRODUCTS WITHIN THE SCOPE OF THIS RULE ARE FACTORY-ASSEM-
 BLED WITH PUSH-IN, MIDGET OR MINIATURE SCREW BASE LAMP HOLDERS CONNECTED
 IN SERIES OR PARALLEL, DIRECTLY ACROSS THE 120-VOLT INPUT.
   (B) SUCH LIGHTING PRODUCTS INCLUDE, BUT ARE  NOT  LIMITED  TO  LIGHTED
 DECORATIVE  OUTFITS SUCH AS WIRED HOLIDAY STRING LIGHTS, PRE-LIT ARTIFI-
 CIAL CHRISTMAS TREES, PLANTS,  FLOWERS  OR  WREATHS,  STOCKINGS,  STARS,
 CANDLES AND LIGHT SCULPTURES.
   2. ON EACH SEASONAL AND DECORATIVE LIGHTING PRODUCT MANUFACTURED, SOLD
 OR  DELIVERED  BY  A  MANUFACTURER OR DISTRIBUTED WITHIN THIS STATE THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00250-02-0

 S. 3493--A                          2                         A. 5147--A
 
 CONTAINS AN ELECTRICAL CORD CASING IN WHICH LEAD IS USED, THERE SHALL BE
 PRINTED THEREON OR ATTACHED THERETO A WARNING LABEL.
   3. SUCH WARNING LABEL SHALL CONTAIN THE FOLLOWING STATEMENT: "WARNING:
 HANDLING  THE  COATED  ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO
 LEAD. WASH HANDS THOROUGHLY AFTER USE."
   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  FINDING BY THE COMMISSIONER IN A PARTICULAR INSTANCE
 THAT THERE IS NO SIGNIFICANT THREAT TO PUBLIC HEALTH.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.