S T A T E O F N E W Y O R K
________________________________________________________________________
9066--A
I N A S S E M B L Y
January 20, 2012
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Introduced by M. of A. DINOWITZ, CUSICK -- read once and referred to the
Committee on Consumer Affairs and Protection -- reported and referred
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to prohibiting the
importation, manufacture or distribution of certain unsafe consumer
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-j to read as follows:
S 399-J. PROHIBIT IMPORTATION, MANUFACTURE OR DISTRIBUTION OF CERTAIN
UNSAFE CONSUMER PRODUCTS. 1. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ANTIQUE" MEANS BEDROOM STORAGE FURNITURE, BOOKCASES, RESIDENTIAL
FILE CABINETS, DESKS, CARTS, STANDS INTENDED TO HOLD TELEVISIONS, AND
ANY OTHER PRODUCT HAVING SPECIAL VALUE BECAUSE OF ITS AGE, ESPECIALLY A
WORK OF ART OR HANDICRAFT THAT IS OVER ONE HUNDRED YEARS OLD.
(B) "COVERED CONSUMER PRODUCT" MEANS BEDROOM STORAGE FURNITURE, BOOK-
CASES, RESIDENTIAL FILE CABINETS, DESKS, CARTS, STANDS INTENDED TO HOLD
TELEVISIONS, AND ANY OTHER PRODUCT SUBJECT TO STANDARDS DEVELOPED TO
ADDRESS TIPPING HAZARDS THAT ARE ESTABLISHED BY AMERICAN SOCIETY FOR
TESTING AND MATERIALS INTERNATIONAL (ASTM) OR THE AMERICAN NATIONAL
STANDARDS INSTITUTE (ANSI).
(C) "DISTRIBUTE" MEANS TO DELIVER TO A PERSON OTHER THAN THE PURCHAS-
ER, FOR THE PURPOSE OF RETAIL SALE.
(D) "PERSON" SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR AGENT OF A NATURAL
PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
(E) "RETAILER" SHALL MEAN ANY PERSON WHO AS A BUSINESS OR FOR-PROFIT
VENTURE SELLS OR LEASES COVERED CONSUMER PRODUCTS FOR-PROFIT IN NEW YORK
TO INITIAL CONSUMERS. SUCH TERM SHALL NOT INCLUDE:
(I) SOMEONE WHO PURCHASED OR ACQUIRED A COVERED CONSUMER PRODUCT
PRIMARILY FOR PERSONAL USE AND WHO SUBSEQUENTLY RESELLS THE PRODUCT; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13973-02-2
A. 9066--A 2
(II) ANY SECONDHAND DEALER, AS DEFINED IN THIS SECTION.
(F) "SECONDHAND DEALER" SHALL MEAN A PERSON WHO SELLS AS A PRIMARY
SOURCE OF INCOME RECONDITIONED, REMANUFACTURED, REFURBISHED, PREVIOUSLY
OWNED, OR CONSIGNMENT ITEMS.
(G) "UNSAFE COVERED CONSUMER PRODUCT" SHALL MEAN ANY COVERED CONSUMER
PRODUCT THAT DOES NOT CONFORM TO THE STANDARDS ESTABLISHED BY AMERICAN
SOCIETY FOR TESTING AND MATERIALS INTERNATIONAL (ASTM) OR THE AMERICAN
NATIONAL STANDARDS INSTITUTE (ANSI), AS FOLLOWS:
(I) ASTM F 2057-09B STANDARD AND SPECIFICATION OF ASTM INTERNATIONAL
FOR BEDROOM STORAGE FURNITURE AND ANY STANDARDS AND SPECIFICATIONS
ADOPTED TO AMEND OR SUPPLEMENT SUCH STANDARD;
(II) THE FOLLOWING STANDARDS AND SPECIFICATIONS OF ANSI FOR BOOKCASES,
RESIDENTIAL FILE CABINETS, DESKS, CARTS, STANDS INTENDED TO HOLD TELE-
VISIONS, AND OTHER PRODUCTS AND ANY STANDARDS AND SPECIFICATIONS ADOPTED
TO AMEND OR SUPPLEMENT SUCH STANDARDS:
(A) ANSI/SOHO S 6.5, AND
(B) ANSI/UL 1678/1667.
2. (A) NO PERSON SHALL IMPORT, MANUFACTURE, OR DISTRIBUTE AN UNSAFE
COVERED CONSUMER PRODUCT.
(B) NO RETAILER SHALL SELL, LEASE OR OTHERWISE MAKE AVAILABLE AN
UNSAFE COVERED CONSUMER PRODUCT.
3. THIS SECTION SHALL NOT APPLY TO:
(A) A MANUFACTURER, IMPORTER, DISTRIBUTOR OR WHOLESALE SELLER WHO CAN
DEMONSTRATE THAT THE UNSAFE COVERED CONSUMER PRODUCTS ARE NOT INTENDED
FOR SALE WITHIN THE STATE; OR
(B) A RETAILER WHO CAN DEMONSTRATE THAT THE UNSAFE COVERED CONSUMER
PRODUCT IS AN ANTIQUE.
4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
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 CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH SALE OF AN UNSAFE
COVERED CONSUMER PRODUCT IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A
SEPARATE 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.
5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCES IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
S 2. This act shall take effect one year after it shall have become a
law.