NY State Senate Bill 2013-S3961A

Senate Bill S3961A

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2014	print number 3961a
Mar 12, 2014	amend and recommit to consumer protection
Jan 08, 2014	referred to consumer protection
Mar 01, 2013	referred to consumer protection

Bill Amendments

Original

A (Active)

2013-S3961 - Details

See Assembly Version of this Bill:: A1041
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2682, A2326
2011-2012: S4074, A672
2015-2016: S6734, A2269

2013-S3961 - 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 the section; provides that for the first civil penalty of this section, a one hundred dollar fine shall be issued and such seller or distributor shall complete a training seminar on how to identify false Underwriters' Laboratory labels and increases fines for the second or subsequent violations 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.

2013-S3961 - Sponsor Memo

2013-S3961 - Bill Text download pdf

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

                                  3961

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02600-01-3

S. 3961                             2

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.

2013-S3961A (ACTIVE) - Details

See Assembly Version of this Bill:: A1041
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2682, A2326
2011-2012: S4074, A672
2015-2016: S6734, A2269

2013-S3961A (ACTIVE) - Summary

2013-S3961A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3961A

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:

S.4074-A (2011);
S.2682-A (2009);
S.8080   (2008)

FISCAL IMPLICATIONS:

No cost to the State.

EFFECTIVE DATE:

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

2013-S3961A (ACTIVE) - Bill Text download pdf

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

                                 3961--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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-f to read as follows:
  S 349-F. 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.
                                                           LBD02600-03-4

S. 3961--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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