A 6500: Imposes restrictions on lead-containing products and provides for a private right of action for violations.

  
  STATE OF NEW YORK ________________________________________________________________________ 6500 2025-2026 Regular Sessions  IN ASSEMBLY March 5, 2025 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to restrictions on lead-containing products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 12 to read as follows: 3 TITLE 12 4 LEAD-CONTAINING PRODUCTS 5 Section 37-1201. Definitions. 6 37-1203. Applicability. 7 37-1205. Presence of lead in consumer products prohibited. 8 37-1207. Exempt products. 9 37-1209. Private right of action. 10 37-1211. Construction. 11 § 37-1201. Definitions. 12 As used in this title the following terms shall have the following 13 meanings: 14 1. "Consumer product" shall mean any tangible good sold or manufac- 15 tured in the state which is movable at the time it is conveyed by the 16 seller to another party. Consumer products shall include components of 17 products. 18 2. "Children's product" means a consumer product that is made for, 19 marketed for use by, or marketed to, children and includes consumer 20 products that meet any of the following conditions: 21 (a) Represented in its packaging, display, or advertising, as appro- 22 priate for use by children. 23 (b) Sized for children and not intended for use by adults. 24 (c) Sold in any of the following: 25 (i) A vending machine. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10143-01-5 
 A. 6500 2 1 (ii) Retail store, catalogue, or online web site, in which a person 2 exclusively offers for sale products that are packaged, displayed, or 3 advertised as appropriate for use by children. 4 (iii) A discrete portion of a retail store, catalogue, or online web 5 site, in which a person offers for sale products that are packaged, 6 displayed, or advertised as appropriate for use by children. 7 3. "Purchaser" shall mean a person who purchased a product sold as new 8 directly from a manufacturer, retailer, or a person selling on behalf of 9 a retailer or manufacturer. 10 4. "Retailer" shall mean a person or entity who, in the normal course 11 of business, offers for sale to consumers new consumer products. 12 § 37-1203. Applicability. 13 1. The provisions of this title shall apply to consumer products 14 produced after the effective date of this title. 15 2. The provisions of this title shall not apply to consumer products 16 sold or distributed for free at secondhand stores, yard sales, on the 17 internet or donated to charities. 18 3. The requirements of this title shall not apply to children's prod- 19 uct manufacturers that employ five persons or fewer and are independent- 20 ly owned and operated. 21 4. The requirements of this title shall not apply to lead generated 22 solely as combustion by-products or that are present in combustible 23 fuels. 24 5. A retailer is exempt from the requirements of this title unless 25 such retailer sells a product which they know contains lead in violation 26 of section 37-1205 of this title. 27 § 37-1205. Presence of lead in consumer products prohibited. 28 No person or entity shall manufacture, sell, or offer for sale, any 29 consumer product that contains a total lead content that is more than 30 ninety milligrams per kilogram unless such item bears a conspicuous 31 warning statement that indicates that the product contains lead. 32 § 37-1207. Exempt products. 33 A consumer product may contain more lead than is prohibited by section 34 37-1205 of this title where: 35 1. The lead is necessary to produce an essential characteristic of the 36 product; and 37 2. No alternative product containing less lead is available. 38 § 37-1209. Private right of action. 39 Any person who has purchased a product which is in violation of 40 section 37-1205 of this title shall have a private right of action 41 against any person or entity within the supply chain of said product, 42 other than the retailer in accordance with subdivision five of section 43 37-1203 of this title. 44 § 37-1211. Construction. 45 This title shall not be construed as having any effect on any state, 46 federal, or local law, rules, or local ordinance relating to the pres- 47 ence of lead in any specific product. 48 § 2. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law.