Assembly Bill A2650

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

                                  2650

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of
  A. McKEVITT, PERRY, RIVERA, SCARBOROUGH, 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
APPEAR ON THE PACKAGE IN WHICH SUCH PRODUCT IS SOLD OR OFFERED FOR SALE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07335-01-5
              

A. 2650                             2

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. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.