[HISTORY: Adopted by the Suffolk County Legislature 2-2-2021 by L.L. No. 7-2021. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included as an attachment to this chapter.]
ATTACHMENTS
Attachment 1 - Uncodified Local Law Provisions
A. 
This Legislature hereby finds and determines that Suffolk County has a duty to protect the health and safety of its residents. This Legislature also finds and determines that latex is a naturally occurring compound used in plastic, adhesive, and paint products. This Legislature determines that allergic reactions to latex can range in severity from a contact reaction to extreme illness and even death for some of those affected. This Legislature further finds and determines that individuals with latex allergies can suffer harmful allergic reactions from interacting with latex at businesses and restaurants where it is used. This Legislature also determines that many business establishments and food service establishments in Suffolk County utilize latex products on a daily basis. This Legislature determines that there are similarly priced alternatives to many latex products which can be used in these establishments. This Legislature finds that to protect the health and safety of individuals with latex allergies, business establishments should post signs warning of latex usage in their establishment and food service establishments should be prohibited from using such products entirely.
B. 
Therefore, the purpose of this chapter is to require that all business establishments serving the public in Suffolk County where latex products are utilized visibly post signs stating the same and to restrict the use of latex products in food service establishments.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS ESTABLISHMENT
Any location where business is conducted with members of the public on site or where services are rendered, including, but not limited to: retail stores, personal care service establishments, and other business entities which allow the public to routinely enter their facilities.
FOOD SERVICE ESTABLISHMENT
As defined in Article 13, § 760-1300(3)(X), of the Suffolk County Sanitary Code.
LATEX
A milky fluid found in many plants, such as poppies, spurges, and rubber trees which is used for making natural rubber or dry natural rubber.
NORMAL COURSE OF BUSINESS
The carrying on of business consistent in nature, scope, and magnitude with best practices of the particular industry and is taken in normal day-to-day operations of such business. This definition shall not include a business engaging in the sale of products containing latex or the use of latex materials (i.e., latex paint, carpeting with latex backing) in the construction or maintenance of the physical business establishment or location.
PERSONAL CARE SERVICE ESTABLISHMENTS
Businesses where physical services are provided to an individual, including, but not limited to: tattoo and piercing parlors, hair salons, barbershops, shaving salons, appearance enhancement practitioners, massage therapy, spas, cosmetology, nail specialty, UV and non-UV tanning, and waxing salons.
PRIVATE INDIVIDUAL
Any person or individual not associated or affiliated with a business establishment.
PRODUCTS CONTAINING LATEX
Any item used by a business in the normal course of business which is comprised in whole or in part of latex.
RETAIL STORE
Any outlet, store, shop, mercantile establishment, or other place of business engaged in the retail sale of goods or merchandise directly to consumers.
No food service establishment in Suffolk County shall use products containing latex in the normal course of business. This restriction includes, but is not limited to: gloves, utensils, and food packaging.
A. 
Every business establishment in Suffolk County where products containing latex are used in the normal course of business must prominently display signs meeting the requirements set forth in this chapter, with one within eight feet of the entrance used by customers of the business establishment and the second immediately adjacent to or behind the point of sale, when applicable.
B. 
The Department of Health Services shall develop the required signage and shall make a digital version publicly available on its website on or before the effective date of this chapter.
C. 
The signs required under this chapter must:
(1) 
State in bold lettering at least 1/2 inch in height on a contrasting background on a sign measuring at least 8.5 inches by 14 inches: NOTICE: PRODUCTS CONTAINING LATEX ARE UTILIZED AT THIS ESTABLISHMENT.
(2) 
Be posted in English, Spanish and Haitian Creole; and
(3) 
Be protected from tampering, damage, removal, or concealment.
D. 
The sign requirements established in this section shall not apply to business establishments if:
(1) 
The product containing latex is purchased and transported to the establishment by a private individual for short-term use of one business day or less;
(2) 
The product containing latex is completely enclosed in packaging for sale at either retail or wholesale; or
(3) 
The naturally occurring proteins found in the product containing latex have been stripped or deemed nonreactive through a standard chemical or washing process to remove any reaction-related proteins during manufacturing.
E. 
This chapter shall be enforced on a complaint basis.
The Commissioner of the Department of Health Services is hereby authorized and empowered to promulgate rules and regulations necessary for the implementation of the provisions of this chapter.
A. 
Violation of this chapter shall be subject to a civil penalty of up to $250 for an initial violation, with a penalty of up to $500 for a second violation and a penalty of up to $1,000 for any subsequent violation.
B. 
No penalties shall be imposed by the Department of Health Services until a hearing is held by the Commissioner or his or her designee and the alleged violator is given an opportunity to be heard.
This chapter shall apply to all business establishments and food service establishments on or after the effective date of this chapter.
If any clause, sentence, paragraph, subdivision, section, or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.