|
See Bill Text
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
|
