Senate Bill S10570

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10570
 
                             I N  S E N A T E
 
                               May 26, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  notifying
   people of recalled products
 
   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 article
 28-EE to read as follows:
                               ARTICLE 28-EE
                            RECALL NOTIFICATION
 SECTION 490-AA. DEFINITIONS.
         490-BB. PRODUCT RECALL REQUIREMENTS; COMMERCIAL DEALER.
         490-CC. PRODUCT RECALL REQUIREMENTS; SECRETARY OF STATE.
         490-DD. ENFORCEMENT.
         490-EE. PROMULGATION OF RULES AND REGULATIONS.
   § 490-AA. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2. "COMMERCIAL DEALER" MEANS ANY PERSON WHO  IS  IN  THE  BUSINESS  OF
 MANUFACTURING,  REMANUFACTURING,  RETROFITTING, DISTRIBUTING, IMPORTING,
 OR SELLING AT WHOLESALE ANY PRODUCT IN NEW YORK STATE.  THIS  DEFINITION
 SHALL  NOT  BE  CONSTRUED  TO  INCLUDE  RETAILERS, INITIAL CONSUMERS, OR
 SECONDHAND DEALERS.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   4. "INITIAL CONSUMER" MEANS A PERSON WHO PURCHASES A PRODUCT  FOR  ANY
 PURPOSE OTHER THAN RESALE.
   5. "SECONDHAND DEALER" MEANS A PERSON WHO SELLS AS A PRIMARY SOURCE OF
 INCOME  RECONDITIONED, REMANUFACTURED, REFURBISHED, PREVIOUSLY OWNED, OR
 CONSIGNMENT ITEMS. SUCH TERM SHALL NOT INCLUDE THE INITIAL  CONSUMER  OR
 SOMEONE  WHO  PURCHASES  A  PRODUCT  PRIMARILY  FOR PERSONAL USE BUT WHO
 SUBSEQUENTLY SELLS THE PRODUCT.
   6. "PERSON" MEANS A NATURAL PERSON AND ANY ENTITY, INCLUDING  BUT  NOT
 LIMITED TO A SOLE PROPRIETORSHIP, PARTNERSHIP, FIRM, CORPORATION, LIMIT-
 ED LIABILITY COMPANY, OR ASSOCIATION, AND ANY EMPLOYEE OR AGENT THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15963-01-6
 S. 10570                            2
 
   7.  "RECALL"  MEANS  A REQUEST TO RETURN A PRODUCT TO THE MANUFACTURER
 DUE TO A DEFECT IN THE PRODUCT.
   8. "RETAILER" MEANS ANY PERSON WHO AS A BUSINESS OR FOR-PROFIT VENTURE
 SELLS  OR  LEASES  PRODUCTS FOR-PROFIT IN NEW YORK TO INITIAL CONSUMERS.
 SUCH TERM SHALL NOT INCLUDE: (A) SOMEONE WHO  PURCHASED  OR  ACQUIRED  A
 PRODUCT  PRIMARILY  FOR  PERSONAL  USE  AND WHO SUBSEQUENTLY RESELLS THE
 PRODUCT; OR (B) ANY SECONDHAND DEALER.
   9. "KNOWLEDGE" MEANS: (A) THE RECEIPT OF NOTICE OR HAVING ACTUAL KNOW-
 LEDGE; OR (B) THE PRESUMED HAVING OF KNOWLEDGE DEEMED TO BE POSSESSED BY
 A REASONABLE PERSON WHO ACTS IN THE CIRCUMSTANCES,  INCLUDING  KNOWLEDGE
 OBTAINABLE UPON THE EXERCISE OF DUE CARE.
   §  490-BB.  PRODUCT  RECALL REQUIREMENTS; COMMERCIAL DEALER. 1. WHEN A
 COMMERCIAL DEALER HAS MADE AVAILABLE OR PLACED FOR SALE IN THIS STATE  A
 PRODUCT FOR WHICH A RECALL HAS BEEN ISSUED, THE COMMERCIAL DEALER SHALL,
 WITHIN  TWENTY-FOUR HOURS OF ISSUING THE RECALL, PROVIDE NOTIFICATION TO
 THE DEPARTMENT OF SUCH RECALL.
   2. ALL NOTICES UNDER THIS  SECTION  SHALL  INCLUDE,  IN  A  CLEAR  AND
 CONSPICUOUS FASHION:
   (A) A DESCRIPTION OF THE PRODUCT.
   (B) THE REASON FOR THE RECALL.
   (C) A PICTURE OF THE PRODUCT, IF AVAILABLE.
   (D) INSTRUCTIONS ON HOW TO RETURN OR EXCHANGE THE RECALLED PRODUCT.
   (E) ANY OTHER INFORMATION THE SECRETARY SHALL REQUIRE.
   3.  NO  NOTICE  UNDER  THIS  SECTION  SHALL INCLUDE SALES OR MARKETING
 INFORMATION ON THAT PRODUCT OR ANY OTHER PRODUCT OTHER THAN  RETURN  AND
 EXCHANGE POLICIES.
   §  490-CC.  PRODUCT  RECALL  REQUIREMENTS;  SECRETARY OF STATE. 1. THE
 SECRETARY SHALL:
   (A) DISPLAY ON THE HOMEPAGE OF THE DEPARTMENT'S WEBSITE A LINK TO  ALL
 PRODUCTS  MADE  AVAILABLE  OR  PLACED FOR SALE IN THIS STATE FOR WHICH A
 RECALL HAS BEEN ISSUED AND FOR WHICH THE SECRETARY HAS KNOWLEDGE OF SUCH
 RECALL.
   (B) PROVIDE A METHOD FOR COMMERCIAL DEALERS  TO  GIVE  NOTICE  TO  THE
 SECRETARY,  AS  REQUIRED  UNDER  SECTION  FOUR HUNDRED NINETY-BB OF THIS
 ARTICLE, IN A FORM PRESCRIBED AND MADE AVAILABLE BY THE SECRETARY.
   2. WITHIN SEVEN DAYS OF RECEIVING A NOTICE FROM A COMMERCIAL DEALER OF
 A RECALL, THE SECRETARY SHALL:
   (A) UPDATE THE DEPARTMENT'S WEBSITE TO INCLUDE ALL INFORMATION IN  THE
 NOTICE FROM THE COMMERCIAL DEALER RELATED TO SUCH RECALL.
   (B) ISSUE PUBLIC SERVICE ANNOUNCEMENTS TO BE DISTRIBUTED TO TELEVISION
 AND  RADIO  STATIONS  AND OTHER MEDIA THROUGHOUT THE STATE INFORMING THE
 PUBLIC OF SUCH  RECALL.  SUCH  PUBLIC  SERVICE  ANNOUNCEMENTS  SHALL  BE
 DISTRIBUTED  IN  ENGLISH AND SUCH OTHER LANGUAGES AS THE SECRETARY DEEMS
 APPROPRIATE.
   § 490-DD. ENFORCEMENT. 1. WHERE IT IS DETERMINED AFTER A HEARING  THAT
 ANY  PERSON  HAS  VIOLATED  ONE  OR MORE PROVISIONS OF THIS ARTICLE, THE
 SECRETARY MAY ASSESS A CIVIL PENALTY FOR EACH VIOLATION. ANY  PROCEEDING
 CONDUCTED  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT.
   2. THE DEPARTMENT SHALL PROVIDE THE ATTORNEY GENERAL  ANY  INFORMATION
 ON  VIOLATIONS  OF  THIS  SECTION THAT ARE NECESSARY FOR THE PURPOSES OF
 ENFORCEMENT BY THE ATTORNEY GENERAL PURSUANT TO SECTION  SIXTY-THREE  OF
 THE EXECUTIVE LAW.
   3. THE SECRETARY OR THEIR DESIGNEE MAY ADMINISTER OATHS AND TAKE AFFI-
 DAVITS  IN  RELATION  TO ANY MATTER OR PROCEEDING IN THE EXERCISE OF THE
 POWERS AND DUTIES UNDER THIS ARTICLE. THE SECRETARY  OR  THEIR  DESIGNEE
 S. 10570                            3
 
 MAY  SUBPOENA AND REQUIRE THE ATTENDANCE OF WITNESSES AND THE PRODUCTION
 OF BOOKS, PAPERS, CONTRACTS AND ANY OTHER DOCUMENTS  PERTAINING  TO  ANY
 INVESTIGATION OR HEARING CONDUCTED PURSUANT TO THIS ARTICLE.
   4.  IF  ANY PERSON REFUSES TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS
 SECTION, THE DEPARTMENT MAY PETITION A COURT OF  COMPETENT  JURISDICTION
 TO ENFORCE THE SUBPOENA AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   5.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON LAW.
   § 490-EE. PROMULGATION OF RULES AND REGULATIONS. THE  SECRETARY  SHALL
 PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS ARTICLE.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.