Assembly Bill A733

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

                                   733

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BARRON,
  McKEVITT, RIVERA, SCARBOROUGH, SWEENEY, TITUS, ZEBROWSKI -- 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:
  (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, OFFER TO SELL, OR DISTRIBUTE 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, OFFER TO SELL AT RETAIL, OR DISTRIBUTE ANY  MAGNET
NOVELTY  CONSUMER  PRODUCT CONTAINING A SMALL MAGNET UNLESS SUCH PERSON,
FIRM, CORPORATION OR OTHER LEGAL ENTITY CAUSES A NOTICE, WHICH IS CLEAR-
LY VISIBLE TO THE CONSUMER AND PRINTED IN CLEAR AND CONSPICUOUS TYPE, TO

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

                                                           LBD03924-01-3

A. 733                              2

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
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.