S T A T E O F N E W Y O R K
________________________________________________________________________
3631
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. CUSICK -- Multi-Sponsored by -- M. of A. BOYLAND,
MAYERSOHN, PHEFFER, WEISENBERG -- read once and referred to the
Committee on Consumer Affairs and 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-i to read as follows:
S 399-I. 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01272-01-9
A. 3631 2
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
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.