Assembly Bill A2589

2011-2012 Legislative Session

Prohibits the sale of toys and play equipment which are subject to a government or manufacturer recall

download bill text pdf

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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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2011-A2589 (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 2009-2010 Legislative Session:
A460

2011-A2589 (ACTIVE) - Summary

Prohibits the knowing and intentional sale of toys and play equipment which are subject to a government or manufacturer recall.

2011-A2589 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2589

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M. of A. JEFFRIES, TOWNS, LENTOL, MILLMAN, SPANO, ORTIZ,
  ZEBROWSKI, BENEDETTO, MAISEL -- Multi-Sponsored by -- M. of A. DUPREY,
  LIFTON, McDONOUGH, PAULIN, RABBITT, REILLY, WEISENBERG  --  read  once
  and referred to the Committee 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.
                                                           LBD04674-01-1

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