Enacts "Harper's Law" which will require that retailers who sell certain new furniture offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.
STATE OF NEW YORK
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1627--B
Cal. No. 545
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
___________
Introduced by Sens. SKOUFIS, BOYLE, GAUGHRAN, GOUNARDES, SERRANO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Consumer Protection -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading -- again amended and ordered reprinted, retain-
ing its place in the order of third reading
AN ACT to amend the general business law, in relation to enacting
"Harper's Law" requiring tip restraint devices on certain furniture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Harper's Law".
2 § 2. The general business law is amended by adding a new section 399-
3 ii to read as follows:
4 § 399-ii. Furniture tip restraint device. 1. As used in this section:
5 (a) "furniture" shall mean a clothing storage unit that is freestand-
6 ing and at least twenty-seven inches in height including but not limited
7 to chests, dressers, armoires, and bureaus; and
8 (b) "tip restraint device" shall mean a mechanism that is designed to
9 reduce the risk of furniture tipping over. Such mechanism may include
10 straps, wall brackets, steel cables, or plug and screw sets.
11 2. No person, firm, partnership, association, limited liability compa-
12 ny, corporation, or other entity shall sell or offer to sell new furni-
13 ture to a consumer at retail unless the furniture conforms to standards
14 endorsed or established by the federal Consumer Product Safety Commis-
15 sion or, if no such standard exists, a standard established by ASTM
16 International which requires furniture to contain a tip restraint device
17 and carry a permanent warning label, including but not limited to, ASTM
18 F2057.
19 3. A person, firm, partnership, association, limited liability compa-
20 ny, corporation, or other entity may sell or offer to sell new furniture
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05559-05-9
S. 1627--B 2
1 that does not meet the requirements in subdivision two of this section
2 if the furniture sold is outside the scope of the standards prescribed
3 in subdivision two of this section and contains a compatible tip
4 restraint device and carries a permanent warning label, or if the furni-
5 ture is outside the scope of the standards prescribed in subdivision two
6 of this section and the retailer: (a) maintains in stock and prominently
7 displays within the store tip restraint devices available for sale that
8 are compatible with such furniture; and (b) posts a notice, in a
9 conspicuous location which may be easily seen or reached by customers,
10 that, in legible format, states: "Certain furniture may become unstable
11 and tip over, leading to possible injury or death. Tip restraint devices
12 may prevent tipping of furniture when properly installed."
13 4. Any person, firm, partnership, association, limited liability
14 company, corporation, or other entity that sells or offers to sell new
15 furniture to a consumer at retail in violation of the provisions of this
16 section shall be liable for a civil penalty not to exceed five hundred
17 dollars for each violation.
18 § 3. This act shall take effect on the ninetieth day after it shall
19 have become a law.