S T A T E O F N E W Y O R K
________________________________________________________________________
4164
2009-2010 Regular Sessions
I N S E N A T E
April 15, 2009
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Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the selling,
offering for sale or distribution of any electrical or extension cords
with a fraudulent seal for the Underwriters' Laboratory
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. SELLING OF FRAUDULENT ELECTRICAL OR EXTENSION CORDS. 1. NO
MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT OR
EMPLOYEE THEREOF SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS STATE
ANY ELECTRICAL CORD OR EXTENSION CORD WITH A FRAUDULENT SEAL FOR THE
UNDERWRITERS' LABORATORY. FOR THE PURPOSES OF THIS SECTION, THE TERM
"MERCHANT" SHALL MEAN A PERSON, FIRM OR CORPORATION ENGAGED IN THE SALE,
DISPLAY OR OFFERING FOR SALE OF CONSUMER PRODUCTS OR MERCHANDISE AT
RETAIL TO A CONSUMER.
2. EVERY MERCHANT, MANUFACTURER, FIRM, CORPORATION OR ASSOCIATION
SHALL BE RESPONSIBLE FOR THE TRAINING AND EDUCATION OF ITS EMPLOYEES TO
LEARN THE DIFFERENCE BETWEEN CERTIFIED UNDERWRITERS' LABORATORY ELEC-
TRICAL OR EXTENSION CORDS AND FRAUDULENT OR COUNTERFEIT ELECTRICAL OR
EXTENSION CORDS.
3. 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.
4. FOR THE FIRST VIOLATION OF THIS SECTION, A ONE HUNDRED DOLLAR FINE
SHALL BE ISSUED AND SUCH PERSON SHALL ATTEND A TRAINING SEMINAR ON HOW
TO IDENTIFY FALSE UNDERWRITERS' LABORATORY LABELS. FOR THE SECOND OR
MORE OFFENSES OF THIS SECTION, THERE SHALL BE A TWO THOUSAND FIVE
HUNDRED DOLLAR FINE FOR A PRIVATE RETAILER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11137-01-9
S. 4164 2
5. A TRAINING COMPONENT SHALL BE CREATED AND PROVIDED BY THE OFFICE OF
FIRE PREVENTION AND CONTROL AND SHALL BE MADE AVAILABLE ON ITS WEBSITE.
ANY PERSON FOUND SELLING ELECTRICAL PRODUCTS WITH FALSE UNDERWRITERS'
LABORATORY LABELS SHALL TAKE AN ON-LINE COURSE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.