N.Y. Public Health Law § 1376-a: Sale of consumer products containing lead or cadmium

§ 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.