BILL NUMBER: S3141
TITLE OF BILL : An act to amend the general business law, in
relation to making technical corrections to the children's product
safety and recall effectiveness act of 2008; and to amend chapter 553
of the laws of 2008 amending the general business law relating to the
children's product safety and recall effectiveness act, in relation to
the effectiveness thereof
PURPOSE: OF THE BILL : This bill clarifies manufacturer,
distributor, importer, wholesaler, retailer, and non-retail sales
responsibilities in New York State when dealing in products primarily
for children under twelve years of age, and durable juvenile products
intended for use by children under the age of five.
SUMMARY OF PROVISIONS: : Section 1 of the bill amends General
Business Law (GBL) § 490-a, to limit the definition of children's
products to items "primarily" intended for use by a child under twelve
years of age; amends the definition of durable juvenile product and
product safety owner's card to align them with the United States
Consumer Product Safety Improvement Act of 2008 (CPSIA); amends the
definition of retailer to specifically exempt secondhand dealers; and
creates a definition for "knowledge" as used in the retailer
responsibilities section that is consistent with the Consumer Product
Safety Act (CPSA).
Section 2 of the bill amends GBL § 490-b, to provide that the
manufacturers' requirements to include product safety owner's cards
with all durable juvenile products distributed, sold or made available
in New York is consistent with the CPSIA requirement for registration
forms to be provided with such products.
Section 3 of the bill amends GBL § 490-c, to provide that all
children's products and durable juvenile products sold in New York
State shall contain labels, as prescribed by 15 USC § 2063 and CPSC
rules, on such product or product packaging.
Section 4 of the bill amends GBL § 490-e, to eliminate the six-month
sell through period for retailers to sell unlabeled products during
the implementation phase. The bill also provides that upon knowledge
of a product recall or warning, retailers are required within 1
business day to initiate a corrective undertaking that includes (i)
removing the recalled product from the shelves and (ii) taking steps
to ensure that such product is not sold or made available. Retailers
are also required to post notice of such a recall or warning, within
one business day and if a website is maintained, to conspicuously post
such notice or a link to the notice on its homepage.
Section 5 of the bill repeals a provision of Chapter 553 of the laws
of 2008 which made GBL § 490-c effective on July 1, 2009.
Section 6 of the bill provides that it will take effect on the
effective date of the Act (March 3, 2009), provided that section 2 of
the bill will take effect August 14, 2009.
EXISTING LAW : GBL Article 28-E sets forth manufacturer,
distributor, importer, wholesaler, retailer, and non-retail sales
responsibilities when dealing in products primarily intended for
children under 12 years of age, and durable juvenile products intended
for use by children under the age of 5.
PRIOR LEGISLATIVE HISTORY : This is a new bill.
STATEMENT IN SUPPORT : During the 2008 legislative session, Governor
Paterson submitted and the Legislature passed the Children's Product
Safety and Recall Effectiveness Act of 2008 (the Act). This measure
addressed the relaxed federal marketplace standards that allowed for
numerous dangerous products to permeate retail shelves in 2007.
Specifically, the Act requires any durable juvenile product sold to
include a product safety owner's registration card, to afford the
purchaser the ability to register the product with the manufacturer
and receive any future product recall or warning notices. The Act also
prescribes affirmative duties for manufacturers, wholesalers,
distributors, importers, secondhand dealers, retailers and non retail
sales persons when dealing in children's products or durable juvenile
products. Such duties include notification, labeling, prohibiting the
sale of any recalled products, and removing recalled products from
store shelves. The Act takes effect on March 3, 2009.
While New York State policy makers were addressing children's
marketplace safety policy, the United States Congress also acted,
enhancing the Consumer Product Safety Act (CPSA) in response to the
unsafe children's products entering the United States marketplace.
Congress reached an agreement and passed the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The CPSIA strengthens the laws and
standards in the marketplace of children's goods. Accordingly, this
bill amends the State Children's Product Safety and Recall
Effectiveness Act of 2008 to acknowledge the change in the CPSA and
the Consumer Product Safety Commission's rules governing the sale of
children's products and durable juvenile products.
Specifically, GBL § 490-b, which sets forth manufacturers'
requirements to include product safety owner's cards, and GBL § 490-c,
which provides for labeling of children's products and durable
juvenile products, contain different terms then those set forth in the
CPSIA. This bill amends those sections to avoid a legal challenge,
make New York Law consistent with the new statutory provisions
contained in the CPSIA, and fortify the enforcement of CPSIA
principles in the New York marketplace,
In addition, statutory and retailer responsibilities have been amended
to reflect the definitions and standards found in the CPSA and the
Consumer Product Safety Commission's rules.
This legislation is necessary to effectuate a consistent,
comprehensible implementation of increased children's marketplace
safety laws and regulations for consumers, manufacturers, importers,
distributors, and retailers in New York.
BUDGET IMPLICATIONS : None.
EFFECTIVE DATE : This bill would take effect on the same date and in
the same manner as chapter 553 of the laws of 2008 takes effect,
provided, however, if such chapter takes effect on or before August
14, 2009, § 2 of the bill shall take effect on August 14, 2009.
Effective immediately, the Consumer Protection Board may promulgate
any rule or regulation necessary for the timely implementation of this
bill on its effective date.
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