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This entry was published on 2014-09-22
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SECTION 391-B
Prohibit any sale of dangerous clothing articles
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 391-b. Prohibit any sale of dangerous clothing articles. 1. For the
purposes of this section, the following terms shall have the following
meanings:

(a) "drawstring" shall mean a non-retractable cord, string, ribbon,
bungee, or tape of any material inserted into a channel of the garment
to pull together parts of an article of clothing for the purpose of
controlling closure or fullness;

(b) "tie" shall mean a cord, string, ribbon, bungee, or tape of any
material used for fastening or uniting or decoration and not capable of
controlling fullness;

(c) "hood" shall mean a loose, pliable covering for the head, either
detachable from or permanently attached to the upper garment;

(d) "neck opening" shall mean the opening defined by the seam between
the body of the upper garment and the collar or hood;

(e) "toggle" shall mean the wooden, plastic, metal, or otherwise
composed piece attached to the loose end of the drawstring for
decorative purposes or to prevent the drawstring's being drawn through
its channel;

(f) "aglet" shall mean any tube-shaped material used to bind the end
of a drawstring to prevent fraying.

2. No person, firm, partnership, association or corporation shall sell
any clothing from children's size two-T up to children's size sixteen,
inclusive, that includes a drawstring at the bottom opening of an upper
garment or a drawstring at the waist unless the end of the drawstring at
the bottom opening of an upper garment or the drawstring at the waist
measures no more than three inches from where the string extends out of
the garment, when such garment is expanded to its fullest width and the
drawstring is attached to the garment at its midpoint. Drawstrings shall
not have toggles, knots, or any attachments at the free ends. For the
purposes of this subdivision, a tie shall not be construed as a
drawstring, nor shall an aglet be construed as a toggle.

3. No person, firm, partnership, association or corporation shall sell
any clothing for children up to and including children's size twelve
that includes a hood drawstring or a neck opening drawstring. For the
purposes of this subdivision, a tie shall not be construed as a
drawstring.

4. Nothing in this section shall be construed to supersede any
provision of section three hundred ninety-six-k of this article, as
added by chapter seven hundred fifty-four of the laws of nineteen
hundred seventy-three.

5. 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
continuance 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 restitution. Whenever the court shall determine that a
violation of this section has occurred, the court may impose a civil
penalty of not more than one thousand dollars. In connection with any
such proposed application, 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.