L.L. 2005/049

Enactment date: 5/19/2005

Int. No. 396-A

By Council Member Fidler and the Speaker (Council Member Miller), and Council Members Reyna, Dilan, Gonzalez, Martinez, Baez, Rivera, Monserrate, Lopez, Palma, Quinn, Stewart, Oddo, Recchia, Boyland, Comrie, James, Koppell, Gerson, Addabbo, Vann, McMahon, Weprin, Gennaro, Vallone, Reed, Jennings, Felder, Clarke, Avella, Seabrook, Gioia, Barron, Perkins, Gentile, Brewer, Provenzano, DeBlasio, Lanza, Gallagher, Sanders, Yassky, Jackson, Sears, Foster, Liu, Nelson, Katz and Moskowitz

A Local Law to amend the administrative code of the city of New York, in relation to banning the sale of certain substances containing lead.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Lead is a highly toxic substance that has been found to cause permanent neurological damage in children. Lead poisoning is linked to many adverse health effects among children, including learning disabilities, behavioral problems, seizures, coma and sometimes death.

According to the Food and Drug Administration ("FDA"), litargirio is a yellow or peach colored powder, manufactured by certain laboratories outside of the United States, that has no proven health benefits and, because of its high lead content, poses health risks, especially for children, when used in contact with the skin or ingested. This powder has been used, among other things, as a deodorant, a foot fungicide and a treatment for burns and wounds. Because of the serious health risks associated with this powder, the FDA has issued a warning to the public not to use litargirio for any health-related or personal purposes.

In addition, certain candy products have been discovered to contain dangerously high levels of lead For example, the FDA has warned consumers to avoid purchasing or consuming certain candies and snack products containing chili or products such as tamarind candies sold in clay pots and often manufactured outside of the United States. Some of these products have been found to contain high levels of lead and can increase the chances of lead poisoning in children. In addition, the risk of lead poisoning may also arise from the use of certain candy wrappers.

Accordingly, as a result of the proven toxicity of lead and the above-mentioned FDA warnings, the Council finds that litargirio and certain candy products containing lead are dangerous substances, the sale of which should be prohibited in order to protect the public health.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Severability. If any subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall remain in full force and effect.

§ 4. This local law shall take effect one hundred and eighty days after its enactment into law.