Provides that the commissioner of health shall report improper measures by manufacturers, suppliers or retailers to attorney general which cause exposure to lead

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the public health law, in relation to reports by the commissioner of health to the attorney general regarding improper public safety measures by manufacturers, suppliers and retailers as to possible lead poisoning

Purpose

Provides that the commissioner of health shall report improper measures by manufacturers, suppliers or retailers to the attorney general which cause exposure to lead.

Summary of provisions

Section 1. Amends the Public Health Law by adding a new section 1376-b. Requires the Commissioner of Health to report to the attorney general any information regarding the use of improper measures which could endanger public safety by exposure to possible lead poisoning.

Section 2. Effective Date

Existing law

The Public Health Law, Title X-Control of Lead Poisoning, sections 1370-1376-a: establishes a lead poisoning prevention program: creates an Advisory Council on Lead Poisoning Prevention; requires pregnant women and children to be screened for lead poisoning and for lead poison levels to be reported to the Commissioner; prohibits the sale and manufacture of lead painted toys and furniture and the use of paint that contains more than a specified amount of lead; describes the abatement process of lead poisoning conditions and the conditions under which a dwelling is placed under receivership; establishes conditions for enforcement; and, describes the conditions under which the sale of consumer products containing lead or cadmium are allowed.

Justification

Lead is a highly toxic metal that humans can be exposed to through a number of different sources and which may cause lead poisoning. The effects of lead poisoning are severe and include attention and learning difficulties, lowered IQ, coordination difficulties, mental retardation, kidney disease, heart disease, and death. Additionally, infants and children are more vulnerable to lead exposure and its dangerous effects because lead is more easily absorbed into growing bodies and because young tissues are more sensitive to lead's damaging effects. Based on information received by the Commissioner of Health, this bill will allow the New York State Attorney General to take appropriate legal action against any manufacturer, supplier, distributor or retailer that may have knowingly manufactured, used or supplied products or substances containing lead-based paint.

Legislative history

2014: S.474 - Referred to Health 2013: S.474 - Referred to Health 2012: S.292 - Referred to Consumer Protection 2011: S.292 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Consumer Protection 2009-10: S.3126 - Referred to Health/A.8499 Passed Assembly 2008: S.769 - Referred to Health 2005-06: S.820 - Referred to Health 2003-04: S.4804 - Referred to Health

Fiscal implications

None

Effective date

Immediately