BILL NUMBER: S3155

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring warn-
ings on certain lithium batteries and products containing such batteries

 
PURPOSE:

Requires lithium batteries of less than one inch in diameter and
products containing such batteries to be labeled with warnings thereto.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 490-c of the general business law adding a new
subdivision 3 all predictions sold in New York State which utilize
lithium batteries of less than one inch in diameter shall be packaged
with a warning label that reads "WARNING: This product is powered by a
lithium battery. Due to their small size, lithium batteries can easily
be swallowed by children. Ingestion of such batteries has been known to
              

cause death."  A new subdivision 4 of section 490-c of the general busi-
ness law states all lithium batteries of less than one inch in diameter
sold in this state, or used in products sold in this state, shall have
printed upon them the following language "WARNING: This is a lithium
battery, which if swallowed has been known to cause death."

Section 2 states the Department of Health shall promulgate any rules and
regulations necessary to implement the provisions of this act.

Section 3 establishes an effective date on the one hundredth eightieth
day after it shall have become law.

 
JUSTIFICATION:

Button sized lithium batteries are often found in many products that
area appealing to children including musical greeting cards, calcula-
tors, hearing aids, remote controls, small LED flashlights, talking
children's books, laptops and I PADS, remote car keys, watches, various
electronic toys, some magnets, various video games, solar or electronic
candles small PDA devices and digital thermometers just to name a few.
Due to their small size and shiny nature, these tiny batteries are often
appealing to a young child's eye, often mimicking candies and can easily
fit into small mouths. Research recently published by the Journal of
Pediatrics suggests that life threatening circumstances via ingestion by
small children is an increasingly common problem. There have been more
than 65,000 emergency department visits involving kids who had ingested
batteries over the past 20 years, 40,000 of those cases occurring from
1997-2010.

If a lithium battery stays lodged in the esophagus for more than two
hours, the battery can erode through the soft tissue of the esophagus
and cause a hole, which can lead to internal bleeding and prove to be
fatal, with death occurring merely hours after ingestion. Children who
survive often face serious health issues such as permanent, paralysis of
the vocal chords and can burn through the cartilage in the nose or inner
ear, causing hearing lost and difficulty breathing.  The National Capi-
tal Poison Center in Washington, D.C. has done extensive research and a

1985-2009 study found a seven-fold increase in the percentage of button
battery ingestions with major or fatal outcomes.

Often times, ingestion of these batteries goes entirely unnoticed by a
caregiver and by the time a medical team makes the discovery, it can be
too late. Children may vomit, refuse food, become listless and develop a
fever or cough. Children under four years of age are at the greatest
risk, because these batteries can often appear "invisible" to parents
because devices come with the batteries already installed.  X-rays are
essential for a diagnosis and should include the child's entire body
from the nose to the rectum.  The most recent death was that of two year
old Brianna Florer, who lived in Tulsa, Oklahoma. She died on December
28, 2015, three days after having swallowed a button sized lithium
battery. Doctors told the family the battery lodged in Brianna's esopha-
gus and caused her to bleed badly. Surgeons tried, but couldn't stop the
bleeding. The family says there were no signs of any issues until Brian-
na started throwing up blood the night of December 27th.  The National
Consumer Product Safety Commission warns against keeping these dangerous
batteries from within reach of small children.

 
LEGISLATIVE HISTORY:

'S 2085 COMRIE Same as A 7699 Pheffer Amato (MS)

 
FISCAL IMPLICATIONS:

None to the State.

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