S T A T E O F N E W Y O R K
________________________________________________________________________
4285--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
___________
Introduced by M. of A. GREENE -- Multi-Sponsored by -- M. of A. TOWNS --
read once and referred to the Committee on Consumer Affairs and
Protection -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to notice require-
ments in the manufacture, assembling and sale of roller skates and
skate boards
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
391-q to read as follows:
S 391-Q. MANUFACTURE AND SALE OF ROLLER SKATES AND SKATE BOARDS;
NOTIFICATION. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "ROLLER SKATE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-B OF THE VEHICLE AND TRAFFIC LAW.
(B) "SKATE BOARD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-C OF THE VEHICLE AND TRAFFIC LAW.
(C) "WARNING INSTRUCTION" SHALL MEAN A NOTICE IN SUBSTANTIALLY THE
FOLLOWING FORM PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE
THE RISK OF SERIOUS INJURY AND ONLY USE (INSERT 'THESE SKATES' OR 'THIS
SKATE BOARD', AS APPROPRIATE) WHILE WEARING FULL PROTECTIVE GEAR -
HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
2. (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANU-
FACTURES OR ASSEMBLES ROLLER SKATES SHALL MANUFACTURE, ASSEMBLE, SELL,
OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS:
(I) A WARNING INSTRUCTION CONTAINED ON A LABEL, HANGTAG, SHIELD OR PLATE
CLEARLY VISIBLE TO THE CONSUMER IS PLACED EITHER ON AT LEAST ONE SUCH
ROLLER SKATE IN EACH PAIR MANUFACTURED OR ASSEMBLED OR ON THE OUTSIDE OF
THE BOX IN WHICH SUCH PAIR OF ROLLER SKATES IS SOLD OR OFFERED FOR SALE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06348-02-9
A. 4285--A 2
AT RETAIL; AND (II) EACH SUCH PAIR OF ROLLER SKATES WHICH CONTAINS A
USER'S GUIDE OR BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING
INSTRUCTION WITHIN OR ON SUCH GUIDE OR MANUAL.
(B) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANUFAC-
TURES OR ASSEMBLES SKATE BOARDS SHALL MANUFACTURE, ASSEMBLE, SELL, OFFER
TO SELL, OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS: (I) A
WARNING INSTRUCTION CONTAINED ON A LABEL, HANGTAG, SHIELD OR PLATE
CLEARLY VISIBLE TO THE CONSUMER IS PLACED EITHER ON THE SKATE BOARD OR
ON THE OUTSIDE OF THE BOX IN WHICH SUCH SKATE BOARD IS SOLD OR OFFERED
FOR SALE AT RETAIL; AND (II) EACH SKATE BOARD WHICH CONTAINS A USER'S
GUIDE OR BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING INSTRUCTION
WITHIN OR ON SUCH GUIDE OR MANUAL.
(C) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING ROLLER SKATES AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO
SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS SUCH ROLLER
SKATES CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION.
(D) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING SKATE BOARDS AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO SELL,
OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS SUCH SKATE BOARDS
CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION.
3. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN 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 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 CONTINUANCE 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. 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 RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR SUCH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
4. NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF MANUFACTURING, DISTRIBUTING, SELLING,
OR OFFERING FOR SALE ROLLER SKATES OR SKATE BOARDS 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.
5. THIS SECTION SHALL NOT APPLY TO THE SALE OF ROLLER SKATES OR SKATE
BOARDS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
S 2. This act shall take effect one year after it shall have become a
law.