STATE OF NEW YORK
________________________________________________________________________
2589
2011-2012 Regular Sessions
IN ASSEMBLY
January 19, 2011
___________
Introduced by M. of A. JEFFRIES, TOWNS, LENTOL, MILLMAN, SPANO, ORTIZ,
ZEBROWSKI, BENEDETTO, MAISEL -- Multi-Sponsored by -- M. of A. DUPREY,
LIFTON, McDONOUGH, PAULIN, RABBITT, REILLY, WEISENBERG -- read once
and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of certain items which are subject to a government or manufactur-
er recall
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 390-d to read as follows:
3 § 390-d. Sale of recalled toys and play equipment prohibited. 1. No
4 retailer or wholesale distributor shall knowingly or intentionally sell
5 to the public or make available for public consumption any toy or play
6 equipment that has been the subject of a manufacturer or government
7 ordered recall due to a condition or defect that poses a threat to the
8 health or safety of a consumer, where such sale takes place at least
9 thirty days after such retailer or wholesale distributor has actual or
10 constructive notice of such recall.
11 2. Any violation of this section shall be a class A misdemeanor
12 punishable by a fine of one thousand dollars, up to a maximum of five
13 thousand dollars, per infraction and up to one year in prison, or by
14 both such fine and imprisonment.
15 3. The attorney general may bring an action in the name of the people
16 of the state of New York to enforce the provisions of this section.
17 § 2. This act shall take effect on the sixtieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04674-01-1
