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Thursday, June 2, 2005
Bill Summary   -   A04162
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A04162 Summary:

SAME AS    No same as                                                          
                                                                               
SPONSOR    Weisenberg                                                          
                                                                               
COSPNSR    Dinowitz, Ortiz, Perry, Espaillat                                   
                                                                               
MLTSPNSR   Acampora, Alfano, Benjamin, Boyland, Brennan, Brodsky, Clark, Cohen 
           Colton, Englebright, Gordon, Greene, John, Koon, Lafayette, Lifton, 
           Lupardo, Mayersohn, McEneny, O`Donnell, Robinson,                   
                                                                               
Add S2507, Pub Health L                                                        
Bans the sale, use, and prescription of any product containing                 
hexachlorocyclohexane, commonly known as Lindane, and its isomers.             

A04162 Actions:

02/09/2005 referred to health                                                  
05/10/2005 held for consideration in health                                    
05/31/2005 amend and recommit to health                                        
05/31/2005 print number 4162a                                                  

A04162 Votes:

 

A04162 Memo:

TITLE OF BILL:  An act to amend the public health law, in relation to          
banning the sale, use, and prescription of any product containing the          
substance commonly known as Lindane                                            
                                                                               
PURPOSE OR GENERAL IDEA OF BILL: To restrict the sale, use, and                
prescription of any product containing hexachlorocyclohexane, commonly         
known as Lindane, and its isomers, except as specified in Section 2507.        
                                                                               
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Adds a new section, 2507 of         
the public health law.                                                         
                                                                               
Section 2. Sets the effective date.                                            
                                                                               
JUSTIFICATION: Lindane is a synthetic pesticide used in agriculture and        
as a treatment for head lice and scabies. Consumers use Lindane most           
often for the treatment of head-lice and scabies in the form of creams,        
lotions, and shampoos (Kwell). However, extended exposure to Lindane           
causes the absorption of its chemicals into the skin, the digestive            
system, and the respiratory tract, resulting in seizures and, in rare          
cases, death. Medical and toxicology studies have labeled Lindane a            
possible carcinogen. The World Health Organization (WHO), the Environ-         
mental Protection Agency (EPA), and the Department of Health and Human         
Services, confirm these findings, reporting a six fold increase in the         
number of farmers who have developed non-Hodgkins lymphoma after expo-         
sure to Lindane. Recent case studies report high rates of childhood            
brain cancer due to treatment with Lindane shampoo.  Furthermore,              
studies have proven that Lindane causes a potentially fatal or lifetime        
condition called aplastic anemia, the deficiency of essential nutrients        
in the blood and a precursor to leukemia. Adverse effects have resulted        
from recommended dosage of this product.                                       
                                                                               
Lindane is exceptionally toxic to the environment. The EPA categorizes         
Lindane as a persistent, bioaccumulative, and toxic pollutant, meaning         
it remains in the environment for a protracted period of time. After its       
use, patients rinse lindane shampoos and creams down the sink or shower        
drains. Since waste water treatment plants do not remove Lindane               
successfully, it passes through groundwater streams, rivers, lakes, and        
the ocean. In California, one dose of Lindane was shown to pollute six         
million gallons of water. Even a small amount of Lindane when ingested         
is lethal. For this reason, the Environmental Protection Agency has            
severely restricted the agricultural use of Lindane.                           
                                                                               
In 2003, The Food and Drug Administration repackaged Lindane and               
included a more detailed and restrictive warning. They classify Lindane        
as a second choice treatment to more efficient and less toxic alterna-         
tives and state that children, the elderly, and pregnant women should          
not use this product due to its toxicity. Hence, Lindane containing            
treatments continue to be available by prescription. Although the              
National Pediculosis Association reports that Lindane products have            
                                                                               
caused over 500 cases of adverse effects, over one million people              
receive prescriptions for Lindane each year in the United States.              
                                                                               
There is no viable reason to keep Lindane on the consumer market in            
light of its dangers. It is a deadly poison that safer alternatives can        
easily replace. Eighteen countries world-wide have banned the use and          
distribution of Lindane. In addition, since the FDA has restricted the         
use of Lindane concerning children, the group most likely to become            
infested with head lice, there is no high demand for this product.             
                                                                               
Although Lindane is no longer commercially produced in the United              
States, it remains commercially available in all states except Califor-        
nia. Legislation is necessary to ensure that this dangerous product is         
removed completely from the consumer market.                                   
                                                                               
PRIOR LEGISLATIVE HISTORY: New bill.                                           
                                                                               
FISCAL IMPLICATIONS: None.                                                     
                                                                               
EFFECTIVE DATE: This act shall take effect 180 days after it shall             
become law.                                                                    
                                                                               
http://assembly.state.ny.us/leg/?bn=A04162
Bill Text   -   A04162
New York State Bill Search | Assembly Home
See Bill Summary

                                                                               
                           S T A T E   O F   N E W   Y O R K                   
       ________________________________________________________________________
                                                                               
                                        4162--A                                
                                                                               
                              2005-2006 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                   February 9, 2005                            
                                      ___________                              
                                                                               
       Introduced  by M. of A. WEISENBERG, DINOWITZ, ORTIZ, PERRY, ESPAILLAT --
         Multi-Sponsored by -- M. of A. ACAMPORA,  ALFANO,  BENJAMIN,  BOYLAND,
         BRENNAN,   BRODSKY,  CLARK,  A. COHEN,  COLTON,  ENGLEBRIGHT,  GORDON,
         GREENE, JOHN, KOON, LAFAYETTE, LIFTON,  LUPARDO,  MAYERSOHN,  McENENY,
         O`DONNELL,  ROBINSON, TEDISCO -- read once and referred to the Commit-
         tee on Health -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee                          
                                                                               
       AN ACT to amend the public health law, in relation to banning the  sale,
         use, and prescription of any product containing the substance commonly
         known as Lindane                                                      
                                                                               
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2507 to read as follows:                                                
    3    S  2507.  SALE AND USE OF HEXACHLOROCYCLOHEXANE OR GAMMA BENZENE HEXA-
    4  CHLORIDE RESTRICTED. 1. NO PERSON SHALL SELL, OFFER FOR SALE, OR USE ANY
    5  MATERIAL, COMPOUND, MIXTURE, OR PREPARATION WHICH CONTAINS ANY  QUANTITY
    6  OF  HEXACHLOROCYCLOHEXANE OR GAMMA BENZENE HEXACHLORIDE, INCLUDING THEIR
    7  SALTS AND ISOMERS, FOR THE TREATMENT OF ANY DISEASE OR  CONDITION  OF  A
    8  PERSON, EXCEPT AS SPECIFIED IN THIS SECTION.                            
    9    2.  ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION WHICH CONTAINS ANY
   10  QUANTITY OF HEXACHLOROCYCLOHEXANE OR GAMMA BENZENE HEXACHLORIDE, INCLUD-
   11  ING THEIR SALTS AND ISOMERS, MAY BE USED FOR THE TREATMENT OF AN  INFES-
   12  TATION SARCOPTES SCABEI, ALSO KNOWN AS SCABIES, PROVIDED THAT THE ADMIN-
   13  ISTERING  OF  THE HEXACHLOROCYCLOHEXANE OR GAMMA BENZENE HEXACHLORIDE IS
   14  ORDERED AND COMMENCED UNDER THE SUPERVISION OF A HEALTH CARE PRACTITION-
   15  ER LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW,  ACTING  WITHIN  THE
   16  LAWFUL  SCOPE OF HIS OR HER PRACTICE. THE HEALTH CARE PRACTITIONER SHALL
   17  PROVIDE FOR APPROPRIATE INSTRUCTION FOR THE PATIENT, OR PARENT OR GUARD-
   18  IAN OF THE PATIENT, CONCERNING PROPER PROCEDURES PRIOR TO AND  FOLLOWING
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD06029-02-5
                                                                               
       A. 4162--A                          2                                   
                                                                               
    1  THE  COMMENCEMENT  OF  THE ADMINISTERING OF THE HEXACHLOROCYCLOHEXANE OR
    2  GAMMA BENZENE HEXACHLORIDE, INCLUDING REMOVAL AND WASHING.              
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.                                             
.SO DOC A 4162A         *END*                    BTXT                 2005 
http://assembly.state.ny.us/leg/?bn=A04162&sh=t
 
 

 

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