Requires online market places to provide a product recall search web form where sellers may search the United States consumer protection safety commission's recall central database to determine whether products they are selling have been recalled.
STATE OF NEW YORK
________________________________________________________________________
8475
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
online market places to provide a product recall search web form
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
2 349-f to read as follows:
3 § 349-f. Product recall search web form. 1. For purposes of this
4 section, the term "online market place" shall mean an internet site used
5 to facilitate the sale of goods and services, including any internet
6 site used for auctions that are operated by any buyer, seller, or third-
7 party intermediary.
8 2. Online market places shall provide on their web page, where a sell-
9 er inputs product information, a web form where the seller may search
10 the United States Consumer Product Safety Commission's recall central
11 database. Online market places shall use the application program inter-
12 face provided by the United States Consumer Product Safety Commission's
13 recall retrieval web service to create such web form.
14 3. If it is determined through a search of the recall central data-
15 base, as described in subdivision two of this section, that a product
16 has been recalled, the online market place may block the seller of the
17 product from selling such product on their site.
18 4. The online market place shall also provide space on the web form,
19 described in subdivision two of this section, where sellers may indicate
20 that they do not have enough information to determine if their product
21 has been recalled. The following shall be stated in such space: "I do
22 not have enough information to determine if the product has been
23 recalled. I have read the related guidelines regarding selling recalled
24 products and I understand my responsibility to not sell a recalled prod-
25 uct."
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10611-07-7
A. 8475 2
1 5. It shall be a violation if an online market place does not provide
2 a web form, as described in subdivision two of this section. The attor-
3 ney general shall have the authority to investigate violations under
4 this section, and if the attorney general believes that a person has
5 violated or is violating such section, then the attorney general may
6 bring a civil action on behalf of the people of the state of New York.
7 The attorney general may seek in his or her discretion, in an action for
8 the recovery of a penalty under this section, an amount of up to fifteen
9 million dollars.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
