1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 26: Miscellaneous


Section 399-II Furniture tip restraint device

General Business (GBS)

1. As used in this section:

  (a) "furniture" shall mean a clothing storage unit that is freestanding and at least twenty-seven inches in height including but not limited to chests, dressers, armoires, and bureaus; and

  (b) "tip restraint device" shall mean a mechanism that is designed to reduce the risk of furniture tipping over. Such mechanism may include straps, wall brackets, steel cables, or plug and screw sets.

  2. No person, firm, partnership, association, limited liability company, corporation, or other entity shall sell or offer to sell new furniture to a consumer at retail unless the furniture conforms to standards endorsed or established by the federal Consumer Product Safety Commission or, if no such standard exists, a standard established by ASTM International which requires furniture to contain a tip restraint device and carry a permanent warning label, including but not limited to, ASTM F2057.

  3. A person, firm, partnership, association, limited liability company, corporation, or other entity may sell or offer to sell new furniture that does not meet the requirements in subdivision two of this section if the furniture sold is outside the scope of the standards prescribed in subdivision two of this section and contains a compatible tip restraint device and carries a permanent warning label, or if the furniture is outside the scope of the standards prescribed in subdivision two of this section and the retailer: (a) maintains in stock and prominently displays within the store tip restraint devices available for sale that are compatible with such furniture; and (b) posts a notice, in a conspicuous location which may be easily seen or reached by customers, that, in legible format, states: "Certain furniture may become unstable and tip over, leading to possible injury or death. Tip restraint devices may prevent tipping of furniture when properly installed."

  4. Any person, firm, partnership, association, limited liability company, corporation, or other entity that sells or offers to sell new furniture to a consumer at retail in violation of the provisions of this section shall be liable for a civil penalty not to exceed five hundred dollars for each violation.

  * NB There are 2 § 399-ii's