BILL NUMBER:A10635

TITLE OF BILL:  An act to amend the general business law, in relation to
prohibiting the return of underwear

PURPOSE OR GENERAL IDEA OF BILL: To prevent the resale of underwear that
has  been  returned  to  a  store unless such underwear is in its sealed
unopened original package.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The general business  law  is
amended  by  adding  a  new  section 390-d. Prohibition on the return of
underwear.

1. "Underwear" means an article of clothing worn or intended to be  worn
by individuals on the lower body next to the skin and is known by common
parlance as underwear or undergarments.

2. No individual, partnership, corporation, association or other form of
business shall accept any underwear for return, unless such underwear is
in its sealed unopened original package.

3.  Whenever  there is a violation of this section an application may be
made by the attorney general in the name of the people of the  state  of
New York to a court of justice having jurisdiction by a special proceed-
ing to issue an injunction, and upon notice to the defendant of not less
than  five  days,  to  enjoin  and  restrain  the  continuance  of  such
              

violations; and it shall appear to the  satisfaction  of  the  court  of
justice  that  the  defendant  has,  in  fact, violated this section, an
injunction may  be  issued  by  the  court  of  justice,  enjoining  and
restraining  any  further  violations,  without requiring proof that any
person has, in fact, been  injured  or  damaged  thereby.  In  any  such
proceeding,  the  court  may  make allowances to the attorney general as
provided in paragraph six of subdivision  (a)  of  section  eighty-three
hundred  three  of the civil practice law and rules, and direct restitu-
tion. Whenever the court  shall  determine  that  a  violation  of  this
section  has  occurred, the court may impose a civil penalty of not more
than one thousand dollars for each  violation.  Each  sale  of  returned
underwear  in  violation  of  this  section  shall constitute a separate
violation. In connection with any such proposed application, the  attor-
ney  general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules.

Section 2. This act shall take effect immediately.

JUSTIFICATION: A recent  undercover  investigation  by  Jeff  Rossen  or
WNBC-News  has  revealed  a  common  trend  among  employees of high end
department stores such as Victoria Secrets, Gap,  Macy's  and  Blooming-
dales  in  relation  to returned underwear. Employees have put underwear
that has been returned to the store back  on  their  racks  for  resale.
WNBC-News investigators purchased underwear, marked and stained them and
returned them to the store only to find the underwear back on the racks,

in  some  cases  this  happened  immediately following the return of the
item. A former sales employee told investigators that some retailers use
a process for refreshing underwear that has an odor before returning  it
to  the  racks for resale. A doctor interviewed during the investigation
spoke of health implications. Bacteria and  fecal  matter  can  live  on
fabric  for  weeks and disease can be inadvertently transmitted. This is
dangerous to the health of all consumers.

PRIOR LEGISLATIVE HISTORY: New

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.