NY State Assembly Bill 2009-A450

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer affairs and protection
Jan 07, 2009	referred to consumer affairs and protection

2009-A450 (ACTIVE) - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §349-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2817
2013-2014: A3777

2009-A450 (ACTIVE) - Summary

Requires the manufacturer and importer of certain consumer products to conspicuously disclose the name of the manufacturer and importer of a consumer product and the primary address of the manufacturer and importer on the container or package of such product or upon a tag affixed to such product; defines "consumer item" as a toy or article intended for use by children or an electrical product intended for a consumer's personal use; provides that a violation of such provisions shall be a deceptive act and false advertising and shall be subject to appropriate penalties.

2009-A450 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A450

TITLE OF BILL:  An act to amend the general business law, in relation to
requiring consumer products to be labelled or contain the name of the
manufacturer and importer

PURPOSE OR GENERAL IDEA OF BILL:

To require the manufacturer and importer of certain consumer products to
disclose their identity and address on the container or package or upon
a tag affixed to the item.

SUMMARY OF SPECIFIC PROVISIONS

Under this bill, no merchant, manufacturer, corporation, association or
agent or employee shall manufacture, import, sell, offer for sale or
distribute a toy or other article intended for use by children or any
electrical product including an extension cord which fails to disclose
the name and primary address of the manufacturer.

Manufacturers shall disclose their name and address on the container or
package or where such consumer product is unpackaged such information
shall be provided on a tag or label affixed to the product. Where an
importer distributes such a consumer product, the importer shall also
disclose its name and address either on the container or package or on a
tag or label affixed to the product.

A violation of these provisions, shall be considered a deceptive act and
false advertising and shall be subject to the penalties in Article 22-A
of the General Business Law.

Finally, the bill stipulates that the proposed labeling provisions shall
not alter or supersede any other labeling or disclosure requirements
already provided for in statute.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

The General Business Law is amended by adding a new section 349-d.

JUSTIFICATION:

Identification of the manufacturer and any importer will aid state and
federal regulators in tracing those parties who are responsible for
correcting hazardous or defective products. Various federal and state
officials have indicated that frequently they are unable to trace the
manufacturer and or importer of certain products that require a recall
or corrective action. This tracking problem threatens the safety of
consumers. Recently, federal and state authorities had significant
difficulties in identifying the manufacturers and importers of hazardous
electrical extension cords, metal bunk beds, baby walkers and lamps
marketed in New York State. Additionally, without proper markings and
identifications, consumers are often unable to distinguish the hazardous

or defective product from suitable ones thereby placing themselves and
their families in jeopardy.

PRIOR LEGISLATIVE HISTORY:

2007-2008- referred to Consumer Affairs, reported to Codes
2005-2006 - referred to Consumer Affairs
2003-2004 - referred to Consumer Affairs, ordered to third reading
2001-2002 - advanced to third reading
1999-2000 - referred to Consumer Affairs, reported to Codes, ordered to
third reading

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

The one hundred twentieth day after it shall have become law.

2009-A450 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Assembly Bill A450

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A450 (ACTIVE) - Details

2009-A450 (ACTIVE) - Summary

2009-A450 (ACTIVE) - Sponsor Memo

2009-A450 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A450

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Sponsored By

JACOBS

Archive: Last Bill Status - In Assembly Committee

2009-A450 (ACTIVE) - Details

2009-A450 (ACTIVE) - Summary

2009-A450 (ACTIVE) - Sponsor Memo

2009-A450 (ACTIVE) - Bill Text download pdf

Comments