§ 173.19 Glues and Cements Containing Volatile Solvents .

   (a)   Except as other-wise provided in subsection (b), no person shall sell, offer for sale, deliver or give away to any individual under the age of 18 years any glue or cement commonly known as plastic cement, household cement, cement, or any other similar substance, if such glue or cement contains one or more of the following volatile solvents:

      1.   Toluol

      2.   Hexane

      3.   Trichlorethylene

      4.   Acetone

      5.   Toluene

      6.   Ethyl Acetate

      7.   Methyl Ethyl Ketone

      8.   Trichloroethane

      9.   Isopropanol

      10.   Methyl Isobutyl Ketone

      11.   Methyl Cellosolve Acetate

      12.   Cyclohexanone

      13.   Any other substance which the Commissioner from time to time determines to be similar to such solvents. The determination of the Commissioner shall be published in the City Record.

   (b)   This section shall not apply:

      (1)   To any glue or cement which has been certified by the Department that it contains a substance which makes such glue or cement malodorous or causes such glue or cement to induce sneezing, or

      (2)   Where the glue or cement is sold, delivered or given away simultaneously with and as part of a kit used for construction of model airplanes, model boats, model automobiles, model trains or other similar models, or

      (3)   Where the person to whom the glue or cement is sold, delivered or given is a member of a hobby association and who properly identifies himself as such by an official membership card or other means of identification issued by such association. For the purposes of this section, the term hobby association means a group of persons (1) whose principal function is the construction of model airplanes, model boats, model automobiles, model trains or other similar objects, (2) which is composed of 25 or more members, and (3) is approved by the Department. The Department shall from time to time cause to be published in the City Record a list of approved hobby associations.

§ 173.21 Sale of Toxic and Hazardous Substances Prohibited; Embargo or Seizure Authorized.

   (a)   No person may sell, hold for sale, transport, or give away hazardous or toxic substances or products unless such items are capable of being labeled pursuant to this Article to prevent misuse or harm.

   (b)   When in the opinion of the Department a substance or product is hazardous or toxic within the meaning of this Article, the Department may seize, embargo, or condemn such material pursuant to 24 RCNY Health Code § 3.03.

   (c)   In addition to other penalties imposed for violations of this Article, the Department may require persons to take an online safe products awareness training program developed by the Department.

(Added City Record 6/19/2019, eff. 7/19/2019)

Article 175: Radiation Control*

* Editor's note: This article was repealed and replaced in its entirety. See City Record 4/24/2019, eff. 5/24/2019.

Part I: General Provisions

§ 175.01 Applicability and Communications.

   (a)   Applicability.

      (1)   Except as provided in subdivision (b) of this section, this Article applies to any person who sells, transfers, assembles, receives, produces, possesses, or uses any radiation source in New York City.

      (2)   Part II of this Article (24 RCNY Health Code §§ 175.08 – 175.70) provides specific requirements for radiation equipment registrants and certified registrants.

      (3)   Part III of this Article (24 RCNY Health Code §§ 175.100 – 175.108) provides specific requirements for radioactive materials licensees.

   (b)   Inapplicability.

      (1)   This Article does not apply to any person with respect to any radiation source subject to regulation, as provided for by law, by the New York State Departments of Health or Environmental Conservation. This exclusion does not apply to the use of such sources in places where the general public may be exposed; or to persons with respect to radiation sources used at industrial or commercial establishments for the application of radiation to human beings.

      (2)   This Article does not apply to any common or contract carrier or any shipper operating within New York City to the extent that such carrier or shipper is subject to regulation as provided for by law by the U.S. Department of Transportation or other agencies of the United States or agencies of the State or City of New York, except for compliance with provisions relating to transportation of radioactive materials set forth in 24 RCNY Health Code § 175.106.

   (c)   Communications. Except as otherwise provided for in this Article, or as authorized by the Department, all applications, notifications, reports or other communications required by this Article must be addressed to the Department at:

      NYC Department of Health and Mental Hygiene
      Office of Radiological Health
      42-09 28th St, CN 60
      Long Island City, New York 11101

(Added City Record 4/24/2019, eff. 5/24/2019)