Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue, lip or nose piercing; requires a warning printed on the packaging of any other products containing a small magnet.
STATE OF NEW YORK
________________________________________________________________________
9223
IN ASSEMBLY
February 9, 2022
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. PERRY,
J. RIVERA, ZEBROWSKI -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to products
containing small magnets
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
2 396-ll to read as follows:
3 § 396-ll. Products containing small magnets. 1. For purposes of this
4 section:
5 (a) "small magnet" shall mean a magnet that can fit completely into a
6 specially designed test cylinder 2.25 inches long by 1.25 inches wide
7 that approximates the size of the fully expanded throat of a child under
8 three years old, commonly referred to as the small parts cylinder, as
9 prescribed in 16 CFR Section 1501.4, Figure 1; and
10 (b) "magnet novelty consumer product" shall mean a product marketed to
11 adults for the purposes of leisure or stress relief that contains a
12 magnet or magnets. Magnet novelty consumer products include, but are not
13 limited to, office toys, desktop toys, desk toys, stress relief toys,
14 and puzzles.
15 2. No person, firm, partnership, association or corporation shall
16 manufacture, sell at retail, offer to sell, or distribute at retail, any
17 jewelry product that includes a small magnet and which is marketed as a
18 product designed to mimic a tongue, lip or nose piercing.
19 3. No person, firm, corporation or other legal entity shall manufac-
20 ture, sell at retail, offer to sell at retail, or distribute any magnet
21 novelty consumer product containing a small magnet unless such person,
22 firm, corporation or other legal entity causes a notice, which is clear-
23 ly visible to the consumer and printed in clear and conspicuous type, to
24 appear on the package in which such product is sold or offered for sale,
25 or if unpackaged, on a label or tag affixed to the product. Such notice
26 shall consist of the signal word "WARNING" and contain, at a minimum,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14309-01-2
A. 9223 2
1 the following text or equivalent text which clearly conveys the same
2 warning:
3 "This product contains (a) small magnet(s). Swallowed magnets can
4 stick together across intestines causing serious infections and death.
5 Seek immediate medical attention if magnet(s) are swallowed or inhaled."
6 4. This section shall not apply to products that comply with the
7 magnet safety and labeling requirements of ASTM F963-11 or any subse-
8 quent revisions of such standard.
9 5. The department of state shall promulgate rules and regulations
10 necessary to carry out the provisions of this section.
11 6. Whenever there shall be a violation of this section, an application
12 may be made by the attorney general in the name of the people of the
13 state of New York, to a court or justice having jurisdiction by a
14 special proceeding to issue an injunction, and upon notice to the
15 defendant of not less than five days, to enjoin and restrain the contin-
16 uance of such violation; and if it shall appear to the satisfaction of
17 the court or justice that the defendant has, in fact, violated this
18 section, an injunction may be issued by the court or justice, enjoining
19 and restraining any further violations, without requiring proof that any
20 person has, in fact, been injured or damaged thereby. In any such
21 proceeding, the court may make allowances to the attorney general as
22 provided in paragraph six of subdivision (a) of section eighty-three
23 hundred three of the civil practice law and rules, and direct restitu-
24 tion. Whenever the court shall determine that a violation of this
25 section has occurred, the court may impose a civil penalty of not more
26 than two thousand dollars. In connection with any such proposed appli-
27 cation, the attorney general is authorized to take proof and make a
28 determination of the relevant facts and to issue subpoenas in accordance
29 with the civil practice law and rules.
30 § 2. This act shall take effect on the one hundred twentieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment and/or repeal of any rule or regulation necessary for the implemen-
33 tation of this act on its effective date are authorized to be made on or
34 before such effective date.
