Assembly Bill A9140C

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

                                  9140

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the  general  business  law, in relation to products
  containing small magnets

  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
396-ll to read as follows:
  S  396-LL.  PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES OF THIS
SECTION, "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO
A SPECIALLY DESIGNED TEST CYLINDER 2.25 INCHES LONG BY 1.25 INCHES  WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE  YEARS  OLD,  COMMONLY REFERRED TO AS THE SMALL PARTS CYLINDER, AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1.
  2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL SELL
ANY JEWELRY THAT INCLUDES A SMALL MAGNET  WHICH  IS  MEANT  TO  MIMIC  A
TONGUE PIERCING.
  3.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHALL MANUFAC-
TURE, SELL AT RETAIL, OR OFFER TO SELL AT RETAIL ANY PRODUCT  CONTAINING
A  SMALL MAGNET, OTHER THAN JEWELRY DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION, UNLESS SUCH PERSON, FIRM, CORPORATION  OR  OTHER  LEGAL  ENTITY
CAUSES A NOTICE, WHICH IS CLEARLY VISIBLE TO THE CONSUMER AND PRINTED IN
CLEAR AND CONSPICUOUS TYPE, TO APPEAR ON THE PACKAGE IN WHICH SUCH PROD-
UCT  IS  SOLD  OR  OFFERED FOR SALE, OR IF UNPACKAGED, ON A LABEL OR TAG
AFFIXED TO THE PRODUCT, WHICH CONTAINS THE FOLLOWING WARNING IN SUBSTAN-
TIALLY THE FOLLOWING FORM:
  "WARNING! THIS PRODUCT CONTAINS MAGNETS. MAGNETS STICKING TOGETHER  OR
BECOMING  ATTACHED  TO A METALLIC OBJECT INSIDE THE HUMAN BODY CAN CAUSE
SERIOUS OR FATAL INJURY. SEEK IMMEDIATE MEDICAL ATTENTION IF ONE OR MORE
MAGNETS ARE SWALLOWED OR INHALED."
  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

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

                                                           LBD14079-01-2

A. 9140                             2

DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
UANCE  OF  SUCH VIOLATION; 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 TWO THOUSAND DOLLARS. IN CONNECTION WITH ANY SUCH PROPOSED APPLICA-
TION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETER-
MINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH
THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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

                                 9140--A

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  general  business  law, in relation to products
  containing small magnets

  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
396-ll to read as follows:
  S  396-LL.  PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES OF THIS
SECTION:
  (A) "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO  A
SPECIALLY  DESIGNED  TEST  CYLINDER 2.25 INCHES LONG BY 1.25 INCHES WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE YEARS OLD, COMMONLY REFERRED TO AS THE SMALL  PARTS  CYLINDER,  AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1;
  (B) "MAGNET NOVELTY CONSUMER PRODUCT" SHALL MEAN A PRODUCT MARKETED TO
ADULTS  FOR  THE  PURPOSES  OF  LEISURE OR STRESS RELIEF THAT CONTAINS A
MAGNET OR MAGNETS. MAGNET NOVELTY CONSUMER PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, OFFICE TOYS, DESKTOP TOYS, DESK TOYS,  STRESS  RELIEF  TOYS,
AND PUZZLES;
  (C) "CHILDREN'S PRODUCT" SHALL MEAN A TOY OR OTHER ARTICLE, OTHER THAN
CLOTHING,  PRIMARILY INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF
AGE. THE FOLLOWING SHALL BE CONSIDERED IN  DETERMINING  IF  THE  TOY  OR
ARTICLE IS INTENDED FOR A CHILD UNDER FOURTEEN YEARS OF AGE:
  (I)  A  STATEMENT BY A MANUFACTURER ABOUT THE INTENDED USE OF SUCH TOY
OR ARTICLE, INCLUDING A LABEL ON SUCH TOY OR ARTICLE;
  (II) THE CONTEXT AND MANNER OF THE ADVERTISING, PROMOTION, AND MARKET-
ING ASSOCIATED WITH THE TOY OR ARTICLE; AND
  (III) WHETHER THE TOY OR ARTICLE IS COMMONLY RECOGNIZED  BY  CONSUMERS
AS BEING INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF AGE.
  2.  NO  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION OR CORPORATION SHALL
MANUFACTURE, SELL AT RETAIL, OR OFFER TO SELL  AT  RETAIL,  ANY  JEWELRY

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

                                                           LBD14079-03-2

A. 9140--A                          2

PRODUCT  THAT  INCLUDES A SMALL MAGNET WHICH IS MEANT TO MIMIC A TONGUE,
LIP OR NOSE PIERCING.
  3.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHALL MANUFAC-
TURE, SELL AT RETAIL, OR OFFER TO SELL AT RETAIL ANY CHILDREN'S  PRODUCT
OR MAGNET NOVELTY CONSUMER PRODUCT CONTAINING A SMALL MAGNET UNLESS SUCH
PERSON,  FIRM,  CORPORATION OR OTHER LEGAL ENTITY CAUSES A NOTICE, WHICH
IS CLEARLY VISIBLE TO THE CONSUMER AND PRINTED IN CLEAR AND  CONSPICUOUS
TYPE,  TO APPEAR ON THE PACKAGE IN WHICH SUCH PRODUCT IS SOLD OR OFFERED
FOR SALE, OR IF UNPACKAGED, ON A LABEL OR TAG AFFIXED  TO  THE  PRODUCT,
WHICH  CONTAINS  THE  FOLLOWING  WARNING  IN SUBSTANTIALLY THE FOLLOWING
FORM:
  "WARNING! THIS PRODUCT CONTAINS MAGNETS. MAGNETS STICKING TOGETHER  OR
BECOMING  ATTACHED  TO A METALLIC OBJECT INSIDE THE HUMAN BODY CAN CAUSE
SERIOUS OR FATAL INJURY. SEEK IMMEDIATE MEDICAL ATTENTION IF ONE OR MORE
MAGNETS ARE SWALLOWED OR INHALED."
  4. THE DEPARTMENT OF STATE  SHALL  PROMULGATE  RULES  AND  REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  5. 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 CONTIN-
UANCE OF SUCH VIOLATION; 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  TWO THOUSAND DOLLARS.  IN CONNECTION WITH ANY SUCH PROPOSED APPLI-
CATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF  AND  MAKE  A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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

                                 9140--B

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  general  business  law,  in  relation  to  products
  containing small magnets

  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
396-ll to read as follows:
  S 396-LL. PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES  OF  THIS
SECTION:
  (A)  "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO A
SPECIALLY DESIGNED TEST CYLINDER 2.25 INCHES LONG BY  1.25  INCHES  WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE  YEARS  OLD,  COMMONLY REFERRED TO AS THE SMALL PARTS CYLINDER, AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1; AND
  (B) "MAGNET NOVELTY CONSUMER PRODUCT" SHALL MEAN A PRODUCT MARKETED TO
ADULTS FOR THE PURPOSES OF LEISURE OR  STRESS  RELIEF  THAT  CONTAINS  A
MAGNET OR MAGNETS. MAGNET NOVELTY CONSUMER PRODUCTS INCLUDE, BUT ARE NOT
LIMITED  TO,  OFFICE  TOYS, DESKTOP TOYS, DESK TOYS, STRESS RELIEF TOYS,
AND PUZZLES.
  2. NO PERSON, FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION  SHALL
MANUFACTURE,  SELL  AT  RETAIL,  OR OFFER TO SELL AT RETAIL, ANY JEWELRY
PRODUCT THAT INCLUDES A SMALL MAGNET AND WHICH IS MARKETED AS A  PRODUCT
DESIGNED TO MIMIC A TONGUE, LIP OR NOSE PIERCING.
  3.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHALL MANUFAC-
TURE, SELL AT RETAIL, OR OFFER TO SELL  AT  RETAIL  ANY  MAGNET  NOVELTY
CONSUMER  PRODUCT  CONTAINING  A  SMALL MAGNET UNLESS SUCH PERSON, FIRM,
CORPORATION OR OTHER LEGAL ENTITY CAUSES  A  NOTICE,  WHICH  IS  CLEARLY
VISIBLE  TO  THE  CONSUMER AND PRINTED IN CLEAR AND CONSPICUOUS TYPE, TO
APPEAR ON THE PACKAGE IN WHICH SUCH PRODUCT IS SOLD OR OFFERED FOR SALE,
OR IF UNPACKAGED, ON A LABEL OR TAG AFFIXED TO THE PRODUCT.  SUCH NOTICE

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

                                                           LBD14079-04-2

A. 9140--B                          2

SHALL CONSIST OF THE SIGNAL WORD "WARNING" AND CONTAIN,  AT  A  MINIMUM,
THE  FOLLOWING  TEXT  OR  EQUIVALENT TEXT WHICH CLEARLY CONVEYS THE SAME
WARNING:
  "THIS  PRODUCT  CONTAINS  (A)  SMALL  MAGNET(S). SWALLOWED MAGNETS CAN
STICK TOGETHER ACROSS INTESTINES CAUSING SERIOUS INFECTIONS  AND  DEATH.
SEEK IMMEDIATE MEDICAL ATTENTION IF MAGNET(S) ARE SWALLOWED OR INHALED."
  4.  THIS  SECTION  SHALL  NOT  APPLY  TO PRODUCTS THAT COMPLY WITH THE
MAGNET SAFETY AND LABELING REQUIREMENTS OF ASTM F963-11  OR  ANY  SUBSE-
QUENT REVISIONS OF SUCH STANDARD.
  5.  THE  DEPARTMENT  OF  STATE  SHALL PROMULGATE RULES AND REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  6. 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 CONTIN-
UANCE  OF  SUCH VIOLATION; 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 TWO THOUSAND DOLLARS.  IN CONNECTION WITH ANY SUCH PROPOSED  APPLI-
CATION,  THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.