What's happening
This bill requires the health commissioner to report possible lead poisoning risks by manufacturers, suppliers, or retailers to the attorney general.
Why it matters
Increases accountability for companies. By requiring the health commissioner to report suspected improper lead safety practices directly to the attorney general, manufacturers, suppliers, distributors, and retailers face greater scrutiny and potential legal consequences for endangering public safety.
Potential for faster legal action. The direct reporting mechanism could speed up investigations and enforcement against businesses that fail to adequately protect the public from lead exposure, possibly resulting in quicker interventions to prevent harm.
Expands scope of oversight. The bill covers not just direct manufacturers but also suppliers, distributors, and retailers, signaling a broader approach to monitoring the entire supply chain for lead-related risks and holding all responsible parties accountable.
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Who cares
Headline styles
Report Lead Safety Violations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4952
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- 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 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
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 1376-b to read as follows:
§ 1376-b. Reporting improper lead exposure measures to attorney general. Notwithstanding any other law, rule or regulation to the contrary, the commissioner shall report to the attorney general any information received by the commissioner which in the opinion of the commissioner, shows that a manufacturer, supplier, distributor or retailer is using improper measures which are endangering public safety or could lead to the endangerment of public safety by exposure of persons to possible lead poisoning.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07186-01-7
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 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
2016: S.143 - REFERRED TO HEALTH 2015: S.143 -REFERRED TO HEALTH 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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.