Senate Bill S5855

2023-2024 Legislative Session

Relates to hazardous toys and other articles intended for use by children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5855 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7353
2011-2012: S2443
2013-2014: S845
2015-2016: S1235
2017-2018: S2710
2019-2020: S4431
2021-2022: S4770

2023-S5855 (ACTIVE) - Summary

Includes toys contaminated with a toxic substance within hazardous toys subject to specific regulations and protections.

2023-S5855 (ACTIVE) - Sponsor Memo

2023-S5855 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5855
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 hazardous  toys
   and other articles intended for use by children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 396-k of the general  business  law,  as  added  by
 chapter 754 of the laws of 1973, and as renumbered by chapter 432 of the
 laws of 1974, the section heading and subdivisions 1 and 4 as amended by
 chapter 358 of the laws of 1989, is amended to read as follows:
   §  396-k. Hazardous toys and other articles intended primarily for use
 by children; prohibition and enforcement. 1.  No  person,  firm,  corpo-
 ration,  association or agent or employee thereof shall import, manufac-
 ture, sell, hold for sale or distribute a toy or other article  intended
 for  use  by a child which presents an electrical, mechanical or thermal
 hazard OR THAT IS CONTAMINATED WITH ANY TOXIC SUBSTANCE.  The  following
 definitions are applicable to this section:
   (a) "Child" means any person less than fourteen years of age;
   (b) A toy or other article presents an electrical hazard if, in normal
 use  or  when  subjected  to reasonably foreseeable damage or abuse, its
 design or manufacture may cause personal injury or illness by electrical
 shock or electrocution;
   (B-1) "TOY" MEANS AN ARTICLE OR ITEM DESIGNED AND MADE FOR THE  AMUSE-
 MENT OF A CHILD OR FOR HIS OR HER USE IN PLAY;
   (c)  A toy or other article presents a mechanical hazard if, in normal
 use or when subjected to reasonably foreseeable  damage  or  abuse,  its
 design  or  manufacture presents an unreasonable risk of personal injury
 or illness:
   (1) from fracture, fragmentation or disassembly of the article;
   (2) from propulsion of the article or any part or accessory thereof;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07444-01-3
 S. 5855                             2
              

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