S02443 Summary:

BILL NOS02443
 
SAME ASSAME AS A05711
 
SPONSORALESI
 
COSPNSRAVELLA, DUANE, PARKER
 
MLTSPNSR
 
Amd S396-k, Gen Bus L
 
Relates to hazardous toys and other articles intended for use by children.
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S02443 Actions:

BILL NOS02443
 
01/21/2011REFERRED TO CONSUMER PROTECTION
01/04/2012REFERRED TO CONSUMER PROTECTION
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S02443 Floor Votes:

There are no votes for this bill in this legislative session.
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S02443 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2443
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2011
                                       ___________
 
        Introduced  by  Sen.  ALESI  -- 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 hazardous  toys
          and other articles intended for use by children
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Section 396-k of the general  business  law,  as  added  by
     2  chapter  754 of the laws of 1973, the section heading and subdivisions 1
     3  and 4 as amended by chapter 358 of the laws of 1989 and such section  as
     4  renumbered  by  chapter  432  of the laws of 1974, is amended to read as
     5  follows:
     6    § 396-k. Hazardous toys and other articles intended primarily for  use
     7  by  children;  prohibition  and  enforcement. 1. No person, firm, corpo-
     8  ration, association or agent or employee thereof shall import,  manufac-
     9  ture,  sell, hold for sale or distribute a toy or other article intended
    10  for use by a child which presents an electrical, mechanical  or  thermal
    11  hazard  or  that is contaminated with any toxic substance. The following
    12  definitions are applicable to this section:

    13    (a) "Child" means any person less than fourteen years of age;
    14    (b) A toy or other article presents an electrical hazard if, in normal
    15  use or when subjected to reasonably foreseeable  damage  or  abuse,  its
    16  design or manufacture may cause personal injury or illness by electrical
    17  shock or electrocution;
    18    (b-1)  "Toy" means an article or item designed and made for the amuse-
    19  ment of a child or for his or her use in play;
    20    (c) A toy or other article presents a mechanical hazard if, in  normal
    21  use  or  when  subjected  to reasonably foreseeable damage or abuse, its
    22  design or manufacture presents an unreasonable risk of  personal  injury
    23  or illness:
    24    (1) from fracture, fragmentation or disassembly of the article;
    25    (2) from propulsion of the article or any part or accessory thereof;
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08284-01-1

        S. 2443                             2
 
     1    (3)  from  points  or  other protrusions, surfaces, edges, openings or
     2  closures;
     3    (4) from moving parts;
     4    (5) from lack or insufficiency of controls to reduce or stop motion;
     5    (6) as a result of self-adhering characteristics of the article;
     6    (7)  because the article or any part or accessory thereof may be aspi-
     7  rated or ingested;
     8    (8) because of instability; or
     9    (9) [from stuffing material which is not free of dangerous or  harmful
    10  substances; or

    11    (10)]  because of any other aspect of the article's design or manufac-
    12  ture.
    13    (d) A toy or other article presents a thermal hazard if, in normal use
    14  or when subjected to reasonably foreseeable damage or abuse, its  design
    15  or  manufacture  presents  an  unreasonable  risk  to personal injury or
    16  illness because of heat as from heated parts, substances or surfaces[.];
    17  and
    18    (e) A toy is contaminated with a toxic substance if it is any  of  the
    19  following:
    20    (1) is coated with paints and lacquers containing compounds of lead of
    21  which the lead content (calculated as Pb) is in excess of that permitted
    22  by  federal  regulations contained in Section 1500.17 of Title 16 of the
    23  Code of Federal Regulations adopted pursuant to  the  Federal  Hazardous

    24  Substances Act, Chapter 30 (commencing with Section 1261) of Title 15 of
    25  the  United  States  Code,  or  soluble  compounds of antimony, arsenic,
    26  cadmium, mercury, selenium or  barium,  introduced  as  such.  Compounds
    27  shall  be  considered soluble if quantities in excess of 0.1 percent are
    28  dissolved by 5 percent hydrochloric acid after stirring for  10  minutes
    29  at room temperature;
    30    (2)  consists in whole or in part of a diseased, contaminated, filthy,
    31  putrid or decomposed substance;
    32    (3) has been produced, prepared, packed, shipped, or held under unsan-
    33  itary or other conditions whereby it may have become  contaminated  with
    34  filth or hazardous materials or otherwise rendered injurious to health;

    35    (4)  is stuffed, padded or lined with materials that are toxic or that
    36  would otherwise be hazardous if ingested, inhaled, or contacted; or
    37    (5) is a stuffed, padded or lined toy that is not securely wrapped  or
    38  packaged.
    39    2. Whenever the attorney general shall believe from evidence satisfac-
    40  tory  to  him that any person, firm, corporation or association or agent
    41  or employee thereof has violated any provision of this section,  he  may
    42  bring  an  action  in  the  supreme court of the state of New York for a
    43  judgment enjoining the continuance of such violation  and  for  a  civil
    44  penalty of not more than one thousand dollars for each violation, except
    45  that the court may impose a civil penalty of not more than four thousand
    46  dollars  if  the violation is knowing and willful. If it shall appear to

    47  the satisfaction of the court or justice that the defendant has violated
    48  any provision of this section, no  proof  shall  be  required  that  any
    49  person  has  been  injured  thereby  nor that the defendant knowingly or
    50  intentionally violated such provision. In such action preliminary relief
    51  may be granted under article sixty-three of the civil practice  law  and
    52  rules.
    53    3.  Before any violation of this section is sought to be enjoined, the
    54  attorney general shall be required to give the person against whom  such
    55  proceeding  is  contemplated notice by certified mail and an opportunity
    56  to show in writing within five business days after receipt of notice why

        S. 2443                             3
 
     1  proceedings should not be instituted against him,  unless  the  attorney
     2  general  shall  find,  in any case in which he seeks preliminary relief,

     3  that to give such notice and opportunity is not in the public interest.
     4    4.  In  any such action it shall be a complete defense that the toy or
     5  other article sought to be enjoined either complies with, or  is  exempt
     6  under,  the  federal  "Child  Protection and Toy Safety Act of 1969", as
     7  amended, or the federal "Consumer Product Safety Act",  as  amended,  or
     8  any  regulation  or  exemption promulgated under either act or any other
     9  applicable federal law. In the case of children's [sleepware] sleepwear,
    10  it shall be a complete defense that the article sought  to  be  enjoined
    11  complies with any enforcement policy formally issued by a federal agency
    12  having enforcement authority with respect thereto.
    13    5.  In  connection  with  any  such proposed application, the attorney
    14  general is authorized to take  proof,  issue  subpoenas  and  administer

    15  oaths in the manner provided in the civil practice law and rules.
    16    6.  If  any  provisions  of  this [chapter] section or the application
    17  thereof to any person or circumstances is  held  unconstitutional,  such
    18  invalidity  shall  not  affect  other provisions or applications of this
    19  [chapter]  section  which  can  be  given  effect  without  the  invalid
    20  provision  or application, and to this end the provisions of this [chap-
    21  ter] section are severable.
    22    § 2. This act shall take effect immediately.
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