senate Bill S4074A

2011-2012 Legislative Session

Prohibits the selling, offering for sale or distribution of any electrical or extension cords with fraudulent seals for the Underwriters' Laboratory

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2012 print number 4074a
amend and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Mar 29, 2011 committed to commerce, economic development and small business
Mar 28, 2011 advanced to third reading
Mar 24, 2011 2nd report cal.
Mar 23, 2011 1st report cal.262
Mar 16, 2011 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

S4074 - Bill Details

See Assembly Version of this Bill:
A672A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §349-e, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2682A, A2326A

S4074 - Bill Texts

view summary

Prohibits the selling, offering for sale or distribution of any electrical or extension cords with fraudulent seals for the Underwriters' Laboratory; authorizes local code enforcement entities to enforce the provisions of this section; provides that for the first civil penalty 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 and increases fines for the second or more offenses of this section; provides that a training component shall be created and provided by the office of fire prevention and control and shall be made available on its website.

view sponsor memo
BILL NUMBER:S4074

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the general business law so that merchants selling
defective electrical products sold with fraudulent labeling are
subject to required training in distinguishing labeling for the first
offense and to stiff fines if the offense is repeated.

SUMMARY OF PROVISIONS:
Section One adds a new section 349-e to the general business law,
making merchants who sell electrical products with fraudulent
Underwriters Laboratory labels (UL) will subject to a $100 fine and
required on-line training session created by Office of Fire
Prevention and Control (OFPC). The second offense will result in a
$2,500 fine.
Section Two is the effective date.

JUSTIFICATION:
A number of recent fires have been attributed to extension cords that
bore fraudulent UL labels. The potential for loss of life to both
consumers and firefighters due to this fraud is unacceptable. This
law would not only increase the penalties for selling those cords, it
would require all merchants who have done so to take an online class
to differentiate between the real and the fraudulent labels. The real
label is quite easy to identify when compared to falsified copies.

LEGISLATIVE HISTORY:
2009: S.2682A - Referred to Consumer Protection
2008: S.8080 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day
after becoming law.

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

                                  4074

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- 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-e to read as follows:
  S 349-E. 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. ENFORCEMENT SHALL BE PROVIDED BY THE LOCAL GOVERNMENT CODE ENFORCE-
MENT ENTITY.
  5.  FOR  THE FIRST CIVIL PENALTY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03996-01-1

S. 4074                             2

MORE  OFFENSES OF THIS SECTION, THERE SHALL BE UP TO A TWO THOUSAND FIVE
HUNDRED DOLLAR FINE FOR A PRIVATE RETAILER.
  6. 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 one hundred twentieth day after
it shall have become a law.

S4074A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A672A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §349-e, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2682A, A2326A

S4074A (ACTIVE) - Bill Texts

view summary

Prohibits the selling, offering for sale or distribution of any electrical or extension cords with fraudulent seals for the Underwriters' Laboratory; authorizes local code enforcement entities to enforce the provisions of this section; provides that for the first civil penalty 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 and increases fines for the second or more offenses of this section; provides that a training component shall be created and provided by the office of fire prevention and control and shall be made available on its website.

view sponsor memo
BILL NUMBER:S4074A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To amend the general business law to
top retail merchants from selling electrical products sold with
fraudulent claims of quality and safety inspection. A store engaging
in the sale of fraudulently labeled electrical cords are subject to a
civil penalty of up to one hundred dollars. Additionally, first time
violators much complete an online training seminar, conducted by the
Office of Fire Prevention and control (OFPC), on how to distinguish
false UL labels for the first offense. For a second or subsequent
violation of this section, the civil penalty shall be set at up to
500 dollars.

SUMMARY OF SPECIFIC PROVISIONS:
Merchants who sell electrical products
with fraudulent UL will be subject to a civil penalty of up to $100
and required to complete and online training session created by OFPC.
A second or subsequent violation will result in a fine of up to $500.

JUSTIFICATION:
A number of fires have been attributed to extension
cords that bore fraudulent UL labels. The potential for loss of life
to both consumers and firefighters due to this fraud is unacceptable.
This law would not only increase civil penalties for the retail sale
of these potentially dangerous cords, but it would require all
merchants who have engaged in these fraudulent transactions to learn
how to learn how to differentiate between real UL cords and fakes.

PRIOR LEGISLATIVE HISTORY:
6/22/09 Passed the Assembly
3/10/10 Passed the Assembly

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect one hundred twenty days
after it shall have become law.

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

                                 4074--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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-e to read as follows:
  S 349-E. SELLING OF FRAUDULENT ELECTRICAL OR EXTENSION CORDS. 1.    NO
MERCHANT,  MANUFACTURER,  FIRM,  CORPORATION,  ASSOCIATION  OR  AGENT OR
EMPLOYEE THEREOF SHALL KNOWINGLY 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 AN ESTABLISHED RETAIL STORE 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. ENFORCEMENT SHALL BE PROVIDED BY THE LOCAL GOVERNMENT CODE ENFORCE-
MENT ENTITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03996-07-2

S. 4074--A                          2

  5. THE CIVIL PENALTY FOR A VIOLATION OF THIS SECTION SHALL BE  A  FINE
UP TO ONE HUNDRED DOLLARS AND THE SELLER OR DISTRIBUTOR SHALL COMPLETE A
TRAINING  SEMINAR  ON  HOW  TO  IDENTIFY  FALSE UNDERWRITERS' LABORATORY
LABELS. FOR THE SECOND OR SUBSEQUENT VIOLATIONS  OF  THIS  SECTION,  THE
FINE  SHALL  BE  UP  TO  FIVE HUNDRED DOLLARS. EACH SALE OF A FRAUDULENT
ELECTRICAL OR EXTENSION CORD IN VIOLATION OF THIS SECTION SHALL  CONSTI-
TUTE A SEPARATE VIOLATION.
  6. 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 one hundred twentieth day after
it shall have become a law.

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