Document 8dK3grdejaZogXLn1ekKywpm

k 1508 Rhode (stand Avenue, N.W. Washington, D.C. MTi QjxJAL pain t & COATINGS' ASSOCIATION January 22, 1973 No. 6 (New York) STATE LEGISLATION ALERT TO: All NPCA Members in New York NPCA Legislative Committee All Officers, Buffalo Paint and Coatings Association All Officers, New York Paint and Coatings Association All Officers, Philadelphia Paint and Coatings Association Subject: New York Senate Bill No. 64; Prohibiting sale of spray paints and indelible markers to children; and New York Senate Bill No. 691; Requiring special packag ing for household products; and New York Senate Bill No. 728; Lead-based paint. A. SPRAY PAINTS AND INDELIBLE MARKERS (Senate Bill No. 64) 1. Status: Introduced on January 3, 1973 by Senator Wm. T. Conklin (Republican - District #21,. Kings County), 7905 Colonial Road, Brooklyn, N. Y. 11209. 2. Brief Synopsis: a. Would prohibit any person, firm, partnership, company or corporation operating a place of business where ` spray paints and indelible marking pens are sold or offered for sale from selling these items to any person under eighteen years of age. b. The effective date, if enacted, would be the first day of September next succeeding the date on which it be comes law. 3. Comments: " The bill is obviously intended to combat the growing graffiti problem in New York. However, it is felt that it places an undue restriction on product sales rather than solving the graffiti problem by curtailing improper use of these products and punishing offenders. N12006 2- - B. SPECIAL PACKAGING FOR HOUSEHOLD PRODUCTS (Senate Bill No. 691) 1. Status: Introduced by Senator Frederick A. Meyerson (Democrat - District #16, Kings County), 14 Van Siclen Ct., Brooklyn, N. Y. 11207. 2. Brief Synopsis: ' a. Would require all household products intended for sale to the general public, which would be harmful to a normal six year old child if ingested or harmful in the event of contact with external parts of the bony and which are packaged in metal, plastic, or glass contrainers, to be packaged in containers having as their single means of access a double lock cap. b. "Double lock cap" means one requiring a twist, push or pull action in a particular combination or sequence to open; one which requires a separate tool to open; or one which because of its complexity requires the under standing of written instructions to open. The intent is to exclude those devices which can be opened readily by children six or under and a device fulfilling this re quest shall be deemed to be a double lock cap. c. The Department of Health would maintain a list of approved closures. 3. Comments: The preemption clause in the federal Poison Prevention Packag ing Act (P.L. 91-601) prohibits states from establishing special packaging standards for any household substance for which a Federal standard is in effect. No Federal special packaging standard is in effect for paint and similar surface coating materials; however, Federal standards have been approved for turpentine and methyl alcohol (methanol), which go into effect in April 1973. C. LEAD-BASED PAINT (Senate Bill No. 728) 1. Status: Introduced by Senator Frederick A. Meyerson. ^ * Brief Synopsis: a. Would prohibit use of lead-based paint on interior walls, ceilings, baseboards, or window sills of any apartment or room in any multiple dwelling. b. Would require the owner of any multiple dwelling to remove, no later than July 1, 1974, any lead-based paint from the interior walls, ceilings, baseboards, and window sills of any apartment or room in a multiple dwelling. In lieu of removal, the owner may cover the paint with a permanently ........ LIA-76136.. -- 3 adhering coating substance approved by the Department of Health. c. Lead-based paint is defined as paint containing more than 1% of metallic lead based on the total non-volatile content. d. The provisions of this bill would not apply in any political subdivision which has enacted legislation, effective no later than June 30, 1975, intended to detect, treat, and prevent lead-based paint poisoning. 3. Comments: The 1% standard is consistent with the federal "Lead-Based Paint Poisoning Prevention Act" (P.L. 91-695) and exceeds the 0.5% standard established by FDA effective January 1, 1973. The exclusion provision (d.above) may cause numerous towns, cities, municipalities, etc., to enact their own ordinances dealing with lead-based paint. Your representative on the New York legislature should be able to provide you with copies of these bills in the shortest time. NPCA will also fur nish copies on request. N. R. Bach Counsel LIA-76137