New York Consolidated Laws, Public Health Law - PBH § 2112. Immunizations;  prohibition on the use of mercury

1. Except as otherwise provided in subdivisions two, three, four and five of this section, no person under three years of age and no woman who knows she is pregnant shall be vaccinated with a vaccine that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose.

2. Persons under three years of age may be vaccinated with an influenza vaccine that contains not more than 0.625 micrograms of mercury per 0.25 milliliter dose.

3. Women who know they are pregnant may be vaccinated with an influenza vaccine that contains not more than 1.25 micrograms of mercury per 0.50 milliliter dose;  provided, however, that no provision of this section shall apply to the administration of influenza vaccine to women who know they are pregnant until and unless the commissioner makes a yearly determination that there is an adequate supply of influenza vaccine that contains not more than 1.25 micrograms of mercury per 0.50 milliliter dose to meet anticipated demand.

4. The commissioner may authorize the use of vaccines containing more than the mercury levels described in subdivisions one, two and three of this section when he or she determines it is necessary to prevent or respond to an outbreak of disease and there are insufficient amounts of vaccine containing the mercury levels described in subdivision one, two or three of this section to adequately protect the public health.  Such authorization shall continue until the commissioner determines that the threat of an outbreak or the outbreak has ended.

5. The commissioner may authorize the use of specific vaccines containing more than the mercury levels described in subdivisions one, two and three of this section when he or she determines that a vaccine with lower mercury levels is not available for distribution in this state, and the parent of a person under three years of age provides informed consent to administration of such vaccine to his or her child or the woman who knows she is pregnant provides informed consent to the administration of such vaccine.