The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9223
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. PERRY,
   J. RIVERA, 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:
   §  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,
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14309-01-2

 A. 9223                             2
 
 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.
   § 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.