Prohibits the sale of storage batteries for powered mobility devices unless such battery has been listed and labeled by a nationally recognized testing laboratory or other approved organization and such labeling is disclosed on the packaging for such battery; provides penalties for violations.
STATE OF NEW YORK
________________________________________________________________________
9597
IN SENATE
November 16, 2022
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to the sale of
batteries for powered mobility devices
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 article
2 39-h to read as follows:
3 ARTICLE 39-H
4 BATTERIES FOR POWERED MOBILITY DEVICES
5 Section 899-ggg. Definitions.
6 899-hhh. Sale of batteries for powered mobility devices.
7 § 899-ggg. Definitions. For purposes of this article, the following
8 terms shall have the following meanings:
9 1. "Powered mobility device" means a light electric-powered vehicle or
10 personal electric mobility device such as an electric bicycle or scoot-
11 er.
12 2. "Stock keeping unit" means each group of items offered for sale of
13 the same brand name, quantity of contents, retail price and variety.
14 § 899-hhh. Sale of batteries for powered mobility devices. 1. No
15 person shall distribute, sell or offer for sale a storage battery for a
16 powered mobility device unless it has been listed and labeled by a
17 nationally recognized testing laboratory or other approved organization
18 and such labeling is disclosed on the packaging for such battery.
19 2. A person who violates subdivision one of this section or any rule
20 promulgated thereunder shall be liable for a civil penalty as follows:
21 (a) for the first violation, a civil penalty of zero dollars;
22 (b) for each subsequent violation issued for the same offense within
23 two years of the date of a first violation, a civil penalty of not more
24 than one thousand dollars; and
25 (c) each failure to comply with subdivision one of this section with
26 respect to any one stock keeping unit shall constitute a separate
27 violation.
28 § 2. This act shall take effect on the ninetieth day after it shall
29 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16538-01-2
