S T A T E O F N E W Y O R K
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6734
I N S E N A T E
February 11, 2016
___________
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-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.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06057-01-5
S. 6734 2
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.