What's happening
This bill requires warning labels on holiday decorations containing certain levels of lead and imposes penalties for violations.
Why it matters
Raises consumer awareness about potential lead exposure. by requiring clear warning labels on a wide range of holiday decorations, including artificial trees, wreaths, lights, and figurines—items often found in homes and handled by children.
Targets a specific, measurable threshold for lead content. (.06% by weight in surface coatings or plastics), ensuring that only products with potentially harmful levels are labeled, rather than banning products outright.
Creates financial and reputational incentives for manufacturers and distributors. to reduce or eliminate lead content in their products, as violations can result in civil penalties of up to $1,000 per infraction.
Includes a public health safeguard by allowing for waivers. if the health commissioner determines there is no significant threat, ensuring flexibility in enforcement for products that may technically exceed limits but pose minimal risk.
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Who cares
Headline styles
Warn About Lead in Decorations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
378
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
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 holiday decorations containing lead
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1371-a to read as follows:
§ 1371-a. Warning label on holiday decorations containing lead. 1. On each holiday decoration sold or delivered by a manufacturer or distributor 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, figurines 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 thousand dollars for each such violation.
5. The commissioner 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.
§ 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.
LBD01827-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to holiday decorations containing lead
Purpose
To require a warning label be attached to any holiday decorations containing lead: "WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD."
Summary of provisions
Section 1. Adds a new section 1371-a to the public health law to require a warning label containing the statement: "WARNING: CONTAINS LEAD. MAY BE HARMFUL. MAY GENERATE DUST CONTAINING LEAD" on any holiday decorations containing lead that are sold or delivered for sale in this state. This section also provides for a civil penalty of up to one thousand dollars for each violation.
Section 2. Effective date.
Justification
There are many chemicals that are used in the production of artificial Christmas trees and other holiday decorations and it is important that everyone, particularly parents of small children, is aware of the presence of these chemicals before handling them. We need to make sure that people are aware and know to take precautionary measures before, and after, handling the artificial tree or other holiday decorations.
Legislative history
2015-16: S1712/A5203 - Health/Consumer Affairs Protection 2013-14: S2199/A6938 - Consumer Protection Committee/Codes Committee 2011-12: S1644 - Health Committee
Fiscal implications
None to state.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.