senate Bill S6421

Provides that sellers of certain products give written notice to consumers of the availability of devices to prevent tipping and injury to young children

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Feb / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires that manufacturers and sellers of certain consumer products place a tipping warning on such products.

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Bill Details

See Assembly Version of this Bill:
A64
Versions:
S6421
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A3631, S732, A3631
2007-2008: A9900A, A9900A

Sponsor Memo

BILL NUMBER:S6421

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring that
manufacturers and sellers of certain consumer products place a tipping
warning on such products

PURPOSE:
Provides that sellers of certain products give written notice to
consumers of the availability of devices to prevent tipping of
household products to prevent injury to young children.

SUMMARY OF PROVISIONS:
Section 1 of the general business law is amended by adding a new
Section 399-j which establishes required notice to consumers.
Section 2 is the effective date.

JUSTIFICATION:
Each year, nationwide, an estimated 3,000 young children ages 5 and
under are needlessly injured by Television sets falling or tipping
over. In addition, at least 100 people, mostly young children, have
been killed since 2000 by falling televisions or other furniture
according to the U.S. Consumer Product Safety Commission. Children
often climb to reach the controls of a television, or the pull on
hanging cords which causes the television to topple off the stand.
The same situation can occur with children climbing on bookcases or
dressers or anything else holding electronics which are not anchored
to the wall. This legislation would require any person in the
business of selling or renting products to provide written notice to
a consumer that the product should be stabilized or anchored to
reduce and prevent that product from tipping and causing injury,
disability or death to a young child.

LEGISLATIVE HISTORY:
2010: A.3631 - 3rd Reading Calendar 652; S.732 - Consumer Protection
2009: A.3631 - 3rd Reading Calendar 190; S.732 - Consumer Protection
2008: A.9900 - 3rd Reading Calendar; S.7118 - Consumer Protection

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law, provided that the executive director of that
state consumer protection board is immediately authorized and
directed to promulgate, amend and/or repeal any rules and regulations
necessary to implement the provisions of this act on its effective
date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6421

                            I N  S E N A T E

                            February 7, 2012
                               ___________

Introduced  by  Sens.  HUNTLEY, LANZA -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection

AN  ACT to amend the general business law, in relation to requiring that
  manufacturers and sellers of certain consumer products place a tipping
  warning on such products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S  399-J.  REQUIRED  TIPPING  WARNING. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COVERED CONSUMER PRODUCT" MEANS ANY:
  (1) DRESSER, BOOKCASE, BUREAU, ARMOIRE, OR SIMILAR FURNITURE  DESIGNED
TO STORE, DISPLAY, OR OTHERWISE PLACE ITEMS, THAT IS FORTY-TWO INCHES OR
MORE IN HEIGHT;
  (2)  TELEVISION  WITH A DISPLAY SCREEN THAT IS NINETEEN INCHES OR MORE
IN LENGTH;
  (3) TELEVISION STAND; AND
  (4) SUCH OTHER CONSUMER  PRODUCT  AS  THE  CONSUMER  PROTECTION  BOARD
CONSIDERS APPROPRIATE FOR ACHIEVING THE PURPOSE OF THIS SECTION.
  (B) "TIPPING WARNING" MEANS A LABEL, HANGTAG, SHIELD OR PLATE WHICH IS
CLEARLY  VISIBLE  TO  THE  CONSUMER  CONTAINING  A  NOTICE REGARDING THE
TIPPING DANGER CERTAIN CONSUMER PRODUCTS POSE TO CHILDREN AND THE EXIST-
ENCE OF SEPARATELY AVAILABLE DEVICES DESIGNED TO ANCHOR,  STABILIZE,  OR
OTHERWISE  REDUCE  OR  PREVENT  PRODUCT TIPPING AND ACCIDENTAL INJURY OR
DEATH, PARTICULARLY WITH RESPECT TO YOUNG CHILDREN, AS PRESCRIBED BY THE
EXECUTIVE DIRECTOR OF  THE  CONSUMER  PROTECTION  BOARD,  IN  CLEAR  AND
CONSPICUOUS TYPE.
  2. (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANU-
FACTURES  OR  ASSEMBLES  COVERED  CONSUMER  PRODUCTS  SHALL MANUFACTURE,
ASSEMBLE, SELL, OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH  COVERED
CONSUMER  PRODUCTS  UNLESS SUCH PERSON, FIRM, CORPORATION OR OTHER LEGAL
ENTITY WHICH MANUFACTURES OR ASSEMBLES SUCH  COVERED  CONSUMER  PRODUCTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00534-01-1

S. 6421                             2

CLEARLY AND CONSPICUOUSLY AFFIXES TO THE COVERED CONSUMER PRODUCT OR THE
OUTSIDE  OF THE PACKAGING IN WHICH SUCH COVERED CONSUMER PRODUCT IS SOLD
OR OFFERED FOR SALE WITH A TIPPING WARNING.
  (B)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING COVERED CONSUMER PRODUCTS AT RETAIL FOR CONSUMER USE, SHALL  SELL,
OFFER  TO  SELL,  OR  DISTRIBUTE IN THIS STATE SUCH PRODUCTS UNLESS SUCH
PRODUCTS CONFORM TO THE REQUIREMENT SET FORTH IN PARAGRAPH (A)  OF  THIS
SUBDIVISION.
  3.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO  HUNDRED  FIFTY  DOLLARS
FOR  A  FIRST  VIOLATION AND NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH
SUBSEQUENT VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED  APPLICATION,
THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMI-
NATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN  ACCORDANCE  WITH
THE CIVIL PRACTICE LAW AND RULES.
  (B)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF MANUFACTURING,  DISTRIBUTING,  SELLING,
OR  OFFERING  FOR SALE COVERED CONSUMER PRODUCTS SHALL BE DEEMED TO HAVE
VIOLATED THE PROVISIONS OF  THIS  SUBDIVISION,  IF  SUCH  PERSON,  FIRM,
CORPORATION  OR  OTHER LEGAL ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE
THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED  FROM  A  BONA  FIDE
ERROR  MADE  NOTWITHSTANDING  THE  MAINTENANCE  OF PROCEDURES REASONABLY
ADOPTED TO AVOID ANY SUCH ERROR.
  4. THIS SECTION SHALL NOT  APPLY  TO  THE  SALE  OF  COVERED  CONSUMER
PRODUCTS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law, provided that the executive director of the
state consumer protection board is immediately authorized  and  directed
to  promulgate,  amend and/or repeal any rules and regulations necessary
to implement the provisions of this act on its effective date.

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