§ 1376-a. Sale of consumer products containing lead or cadmium. 1. In
the absence of a federal standard for a specific type of product, the
commissioner shall establish the maximum quantity of lead or cadmium
(and the manner of testing therefor) which may be released from glazed
ceramic tableware, crystal, china and other consumer products. Such
maximum quantity shall be based on the best available scientific data
and shall insure the safety of the public by reducing its exposure to
lead and cadmium to the lowest practicable level. The commissioner may
amend such maximum quantity (and the manner of testing therefor) where
necessary or appropriate for the safety of the public. Until such
maximum quantity of lead or cadmium established by the commissioner is
effective, no glazed ceramic tableware shall be offered for sale which
releases lead in excess of 7 parts per million, or cadmium in excess of
..5 parts per million.

2. The commissioner is hereby empowered to order the recall of or
confiscation of glazed ceramic tableware, crystal, china or other
consumer products offered for sale which do not meet the standards set
forth in or pursuant to this section.

3. The commissioner of health may waive the provisions of this section
in whole or in part upon a finding by the commissioner in a particular
instance that there is no significant threat to the public health; with
respect to miniatures the commissioner shall do so, on terms and
conditions he or she shall establish, upon a final judicial or
administrative finding that there is no immediate public health threat
in that instance.