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Assembly Bill A8475

2017-2018 Legislative Session

Requires online market places to provide a product recall search web form

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2017-A8475 (ACTIVE) - Details

See Senate Version of this Bill:
S6508
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

2017-A8475 (ACTIVE) - Summary

Requires online market places to provide a product recall search web form where sellers may search the United States consumer protection safety commission's recall central database to determine whether products they are selling have been recalled.

2017-A8475 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8475
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   online market places to provide a product recall search web form
 
   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:
   §  349-F.  PRODUCT  RECALL  SEARCH  WEB  FORM. 1. FOR PURPOSES OF THIS
 SECTION, THE TERM "ONLINE MARKET PLACE" SHALL MEAN AN INTERNET SITE USED
 TO FACILITATE THE SALE OF GOODS AND  SERVICES,  INCLUDING  ANY  INTERNET
 SITE USED FOR AUCTIONS THAT ARE OPERATED BY ANY BUYER, SELLER, OR THIRD-
 PARTY INTERMEDIARY.
   2. ONLINE MARKET PLACES SHALL PROVIDE ON THEIR WEB PAGE, WHERE A SELL-
 ER  INPUTS  PRODUCT  INFORMATION, A WEB FORM WHERE THE SELLER MAY SEARCH
 THE UNITED STATES CONSUMER PRODUCT SAFETY  COMMISSION'S  RECALL  CENTRAL
 DATABASE.  ONLINE MARKET PLACES SHALL USE THE APPLICATION PROGRAM INTER-
 FACE PROVIDED BY THE UNITED STATES CONSUMER PRODUCT SAFETY  COMMISSION'S
 RECALL RETRIEVAL WEB SERVICE TO CREATE SUCH WEB FORM.
   3.  IF  IT  IS DETERMINED THROUGH A SEARCH OF THE RECALL CENTRAL DATA-
 BASE, AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,  THAT  A  PRODUCT
 HAS  BEEN  RECALLED, THE ONLINE MARKET PLACE MAY BLOCK THE SELLER OF THE
 PRODUCT FROM SELLING SUCH PRODUCT ON THEIR SITE.
   4. THE ONLINE MARKET PLACE SHALL ALSO PROVIDE SPACE ON THE  WEB  FORM,
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, WHERE SELLERS MAY INDICATE
 THAT  THEY  DO NOT HAVE ENOUGH INFORMATION TO DETERMINE IF THEIR PRODUCT
 HAS BEEN RECALLED. THE FOLLOWING SHALL BE STATED IN SUCH  SPACE:  "I  DO
 NOT  HAVE  ENOUGH  INFORMATION  TO  DETERMINE  IF  THE  PRODUCT HAS BEEN
 RECALLED. I HAVE READ THE RELATED GUIDELINES REGARDING SELLING  RECALLED
 PRODUCTS AND I UNDERSTAND MY RESPONSIBILITY TO NOT SELL A RECALLED PROD-
 UCT."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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