Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer affairs and protection |
Jan 07, 2009 |
referred to consumer affairs and protection |
Assembly Bill A460
2009-2010 Legislative Session
Sponsored By
JEFFRIES
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A460 (ACTIVE) - Details
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง390-d, Gen Bus L
- Versions Introduced in 2011-2012 Legislative Session:
-
A2589
2009-A460 (ACTIVE) - Sponsor Memo
BILL NUMBER:A460 TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of certain items which are subject to a government or manufacturer recall SUMMARY OF PROVISIONS: The bill would add a new Section 390-d to the General Business Law (GEL) to hold retailers and wholesale distributors criminally liable. Liability will attach where a distributor knowingly or intentionally sells or makes available to the public any toy or play equipment that has been subject to a manufacturer or government ordered recall, due to a condition that poses a health or safety threat to a consumer. The sale must take place at least thirty days after the retailer or wholesale distributor has notice of such a recall. The bill would make sale of a recalled toy a class A misdemeanor punish- able by a fine of between one and five thousand dollars per infraction and a maximum of one year in prison. The Attorney General would be granted the authority to enforce this law. REASONS FOR SUPPORT: This proposed legislation is designed to deter retail and wholesale distributors from continuing to sell recalled toys to the public that threaten the health or safety of children. Under the current state of the law, other than the possibility of private civil litigation, there are no adverse consequences that attach to a distribu- tor who intentionally sells recalled toys that are dangerous to the
2009-A460 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 460 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. JEFFRIES -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting the sale of certain items which are subject to a government or manufactur- er recall 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 390-d to read as follows: S 390-D. SALE OF RECALLED TOYS AND PLAY EQUIPMENT PROHIBITED. 1. NO RETAILER OR WHOLESALE DISTRIBUTOR SHALL KNOWINGLY OR INTENTIONALLY SELL TO THE PUBLIC OR MAKE AVAILABLE FOR PUBLIC CONSUMPTION ANY TOY OR PLAY EQUIPMENT THAT HAS BEEN THE SUBJECT OF A MANUFACTURER OR GOVERNMENT ORDERED RECALL DUE TO A CONDITION OR DEFECT THAT POSES A THREAT TO THE HEALTH OR SAFETY OF A CONSUMER, WHERE SUCH SALE TAKES PLACE AT LEAST THIRTY DAYS AFTER SUCH RETAILER OR WHOLESALE DISTRIBUTOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF SUCH RECALL. 2. ANY VIOLATION OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF ONE THOUSAND DOLLARS, UP TO A MAXIMUM OF FIVE THOUSAND DOLLARS, PER INFRACTION AND UP TO ONE YEAR IN PRISON, OR BY BOTH SUCH FINE AND IMPRISONMENT. 3. THE ATTORNEY GENERAL MAY BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO ENFORCE THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00210-01-9
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