S T A T E O F N E W Y O R K
________________________________________________________________________
450
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JACOBS -- Multi-Sponsored by -- M. of A. HOOPER
-- read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to requiring
consumer products to be labelled or contain the name of the manufac-
turer and importer
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
349-d to read as follows:
S 349-D. NOTICE CONCERNING MANUFACTURERS AND IMPORTERS OF CONSUMER
PRODUCTS. 1. FOR PURPOSES OF THIS SECTION:
(A) "MANUFACTURER" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN
MAKING, CONVERTING, PROCESSING, ALTERING, REPAIRING, FINISHING OR
PREPARING ANY CONSUMER PRODUCT FOR SALE TO A CONSUMER.
(B) "IMPORTER" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN THE
DISTRIBUTION OF ANY CONSUMER PRODUCT FOR SALE OR LEASE TO A CONSUMER IN
THIS STATE.
(C) "CONSUMER PRODUCT" MEANS ANY TOY OR OTHER ARTICLE INTENDED FOR USE
BY CHILDREN OR ANY ELECTRICAL PRODUCT INCLUDING ANY EXTENSION CORD THAT
IS USED TO CONNECT SUCH PRODUCT TO ITS SOURCE OF POWER THAT IS INTENDED
FOR A CONSUMER'S PERSONAL, FAMILY, RECREATIONAL OR HOUSEHOLD PURPOSES.
(D) "MERCHANT" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN THE
SALE, DISPLAY OR OFFERING FOR SALE CONSUMER PRODUCTS OR MERCHANDISE AT
RETAIL TO A CONSUMER.
2. NO MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF SHALL IMPORT, MANUFACTURE, SELL, OFFER FOR SALE OR
DISTRIBUTE IN THIS STATE ANY CONSUMER PRODUCT TO A CONSUMER WHICH FAILS
TO CONSPICUOUSLY DISCLOSE THE NAME OF THE MANUFACTURER OF THE CONSUMER
PRODUCT AND THE PRIMARY ADDRESS OF SUCH MANUFACTURER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02151-01-9
A. 450 2
3. A MANUFACTURER SHALL CONSPICUOUSLY DISCLOSE ITS NAME AND ADDRESS ON
THE CONTAINER OR PACKAGE CONTAINING ANY CONSUMER PRODUCT OR, WHERE A
CONSUMER PRODUCT IS UNPACKAGED OR IS NOT PACKAGED IN A CONTAINER
INTENDED OR SUITABLE FOR DELIVERY TO THE CONSUMER, SUCH INFORMATION
SHALL BE CONTAINED ON A TAG OR LABEL AFFIXED TO THE CONSUMER PRODUCT.
4. WHERE AN IMPORTER DISTRIBUTES A CONSUMER PRODUCT FOR SALE OR LEASE,
THE IMPORTER SHALL CONSPICUOUSLY DISCLOSE ITS NAME AND ADDRESS ON THE
CONTAINER OR PACKAGE CONTAINING ANY CONSUMER PRODUCT OR, WHERE A CONSUM-
ER PRODUCT IS UNPACKAGED OR IS NOT PACKAGED IN A CONTAINER INTENDED OR
SUITABLE FOR DELIVERY TO THE CONSUMER, SUCH INFORMATION SHALL BE
CONTAINED ON A TAG OR LABEL AFFIXED TO THE CONSUMER PRODUCT.
5. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO ALTER OR
OTHERWISE SUPERSEDE ANY OTHER LABELING OR DISCLOSURE REQUIREMENT IMPOSED
BY STATE OR FEDERAL LAW.
6. A VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE BOTH A DECEPTIVE
ACT AND FALSE ADVERTISING AND SHALL BE SUBJECT TO THE PENALTIES OTHER-
WISE PRESCRIBED IN THIS ARTICLE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.