Assembly Bill A313A

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

                                 313--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ, CUSICK -- read once and referred to the
  Committee  on Consumer Affairs and Protection -- 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:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03101-02-3

A. 313--A                           2

  (I)  SOMEONE  WHO  PURCHASED  OR  ACQUIRED  A COVERED CONSUMER PRODUCT
PRIMARILY FOR PERSONAL USE AND WHO SUBSEQUENTLY RESELLS THE PRODUCT; OR
  (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.
  2.  THE DEPARTMENT OF STATE SHALL PROMULGATE RULES AND REGULATIONS FOR
STANDARDS AND SPECIFICATIONS OF COVERED CONSUMER PRODUCTS.  THOSE  REGU-
LATIONS  SHALL  SUBSTANTIALLY  COMPLY  WITH THE STANDARDS ESTABLISHED BY
AMERICAN SOCIETY FOR TESTING AND MATERIALS INTERNATIONAL (ASTM)  OR  THE
AMERICAN  NATIONAL  STANDARDS  INSTITUTE  (ANSI)  THAT  ADDRESS  TIPPING
HAZARDS FOR COVERED CONSUMER PRODUCTS.
  3. (A) NO PERSON SHALL IMPORT, MANUFACTURE, OR  DISTRIBUTE  A  COVERED
CONSUMER  PRODUCT UNLESS SUCH COVERED CONSUMER PRODUCT CONFORMS WITH THE
REQUIREMENTS OF THOSE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION.
  (B) NO RETAILER SHALL  SELL,  LEASE  OR  OTHERWISE  MAKE  AVAILABLE  A
COVERED  CONSUMER  PRODUCT UNLESS SUCH COVERED CONSUMER PRODUCT CONFORMS
WITH THE REQUIREMENTS OF THOSE RULES AND REGULATIONS PROMULGATED  PURSU-
ANT TO THIS SECTION.
  4. THIS SECTION SHALL NOT APPLY TO:
  (A)  A MANUFACTURER, IMPORTER, DISTRIBUTOR OR WHOLESALE SELLER WHO CAN
DEMONSTRATE THAT THE NON-CONFORMING COVERED CONSUMER  PRODUCTS  ARE  NOT
INTENDED FOR SALE WITHIN THE STATE; OR
  (B)  A  RETAILER  WHO  CAN DEMONSTRATE THAT THE NON-CONFORMING COVERED
CONSUMER PRODUCT IS AN ANTIQUE.
  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 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.
  6. 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.