SAME AS No same as
COSPNSR Dinowitz, Ortiz, Perry, Espaillat
MLTSPNSR Benjamin, Brennan, Cahill, Clark, Cohen A, Colton, Gordon, Greene,
John, Koon, Lafayette, Mayersohn, McEneny, O`Donnell, Robinson,
Amd S3306, Pub Health L
Bans the sale, use, and prescription of any product containing
hexachlorocyclohexane, commonly known as Lindane, and its isomers.
02/09/2005 referred to health
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 ban the sale, use, and
prescription of any product containing hexachlorocyclohexane, commonly
known as Lindane, and its isomers.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Adds a new subdivision (g)
to section 3306 of the public health law, identifying Lindane as an
organochlorine pesticide, thereby banning its sale, use, and
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 Environmental 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 exposure 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
alternatives 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
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
Although Lindane is no longer commercially produced in the United
States, it remains commercially available in all states except
California. Legislation is necessary to ensure that this dangerous
product is removed completely from the consumer market.
PRIOR LEGISLATIVE HISTORY: 2003-2004 A8628 - referred to health
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 180 days after it shall
become law, with provisions