[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.]
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:
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.
As defined in Article 13, § 760-1300(3)(X), of
the Suffolk County Sanitary Code.
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.
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.
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.
Any person or individual not associated or affiliated with
a business establishment.
Any item used by a business in the normal course of business
which is comprised in whole or in part of latex.
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.
This chapter shall be enforced by the Suffolk County Department
of Health Services.
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.
This chapter shall take effect 120 days after its filing in
the office of the Secretary of State.
