senate Bill S6508

2017-2018 Legislative Session

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

download bill text pdf

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to consumer protection
Jun 14, 2017 print number 6508a
Jun 14, 2017 amend and recommit to rules
Jun 06, 2017 reported and committed to rules
May 26, 2017 referred to consumer protection

Votes

view votes

Jun 6, 2017 - Consumer Protection committee Vote

S6508
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jun 6, 2017

nay (1)
aye wr (2)

S6508 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

S6508 - 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.

S6508 - Sponsor Memo

S6508 - Bill Text download pdf


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

                                  6508

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 26, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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 A TYPE OF E-COMMERCE
SITE WHERE PRODUCT SERVICE INFORMATION IS  PROVIDED  BY  MULTIPLE  THIRD
PARTIES,  WHEREAS  TRANSACTIONS ARE PROCESSED BY THE MARKET PLACE OPERA-
TOR. ONLINE MARKET PLACES SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,
AMAZON, E-BAY AND CRAIGSLIST.
  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 PROTECTION SAFETY COMMISSION'S RECALL CENTRAL
DATABASE. ONLINE MARKET PLACES SHALL USE THE APPLICATION PROGRAM  INTER-
FACE  PROVIDED  BY  THE  CONSUMER  PROTECTION 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."
  § 2. This act shall take effect immediately.

S6508A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

S6508A (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.

S6508A (ACTIVE) - Sponsor Memo

S6508A (ACTIVE) - Bill Text download pdf


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

                                 6508--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 26, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  reported  favorably from said committee and committed to the Committee
  on Rules -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

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

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

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