Section 1376-A. Sale of consumer products containing lead or cadmium


Latest version.
  • 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.