S T A T E O F N E W Y O R K
________________________________________________________________________
4004
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
epilepsy warnings on video games
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-ff to read as follows:
S 399-FF. VIDEO GAME; EPILEPSY WARNING. 1. FOR PURPOSES OF THIS
SECTION, THE TERM "VIDEO GAME" SHALL MEAN AND INCLUDE ANY VIDEO GAME
SYSTEM, VIDEO GAME CARTRIDGE, VIDEO GAME COMPACT DISC, VIDEO GAME
DIGITAL VERSATILE DISC OR DIGITAL VIDEO DISC, VIDEO GAME COMPONENT,
VIDEO GAME ACCESSORY, OR VIDEO GAME CONTROLLER OF ANY VARIETY.
2. ANY PERSON WHO SELLS, OFFERS FOR SALE, RENTS OR OFFERS TO RENT
VIDEO GAMES TO THE PUBLIC SHALL DISPLAY A SIGN OR POSTER IN A PROMINENT
OR CONSPICUOUS LOCATION WITHIN THE AREA WHERE SUCH VIDEO GAMES ARE SOLD
OR RENTED WHICH HAS PRINTED THEREON AN EPILEPSY WARNING. SUCH WARNING
SHALL BE IN LETTERS OF NOT LESS THAN THIRTY POINT TYPE AND SHALL CONTAIN
THE FOLLOWING STATEMENT:
"EPILEPSY WARNING
READ BEFORE USING YOUR VIDEO GAME SYSTEM
MEDICAL RESEARCH INDICATES A SMALL PERCENTAGE OF THE POPULATION MAY
EXPERIENCE EPILEPTIC SEIZURES OR SEIZURE-LIKE SYMPTOMS WHEN EXPOSED TO
CERTAIN STIMULI, INCLUDING, WITHOUT LIMITATION, LIGHT PATTERNS, FLASHING
LIGHTS OR CERTAIN PATTERNS OF BACKGROUNDS ON A TELEVISION SCREEN OR
VIDEO MONITOR. EXPOSURE TO THESE STIMULI WHILE PLAYING VIDEO GAMES MAY
INDUCE AN EPILEPTIC SEIZURE OR SEIZURE-LIKE SYMPTOMS IN THESE INDIVID-
UALS. CERTAIN CONDITIONS MAY INDUCE UNDETECTED EPILEPTIC SYMPTOMS EVEN
IN PERSONS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE PLAYING A VIDEO GAME --
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07104-01-9
A. 4004 2
DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS -- IMMEDIATELY
DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE PLAY."
3. ANY PERSON WHO SELLS OR RENTS A VIDEO GAME IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF FIFTY DOLLARS FOR EACH
OCCURRENCE.
S 2. This act shall take effect one year after it shall have become a
law.