Bill Text: NY A02589 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the knowing and intentional sale of toys and play equipment which are subject to a government or manufacturer recall.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A02589 Detail]

Download: New_York-2011-A02589-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2589
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced  by  M. of A. JEFFRIES, TOWNS, LENTOL, MILLMAN, SPANO, ORTIZ,
         ZEBROWSKI, BENEDETTO, MAISEL -- Multi-Sponsored by -- M. of A. DUPREY,
         LIFTON, McDONOUGH, PAULIN, RABBITT, REILLY, WEISENBERG  --  read  once
         and referred to the Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to prohibiting the
         sale of certain items which are subject to a government or manufactur-
         er recall
         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  390-d to read as follows:
    3    S 390-D. SALE OF RECALLED TOYS AND PLAY EQUIPMENT PROHIBITED. 1.    NO
    4  RETAILER  OR WHOLESALE DISTRIBUTOR SHALL KNOWINGLY OR INTENTIONALLY SELL
    5  TO THE PUBLIC OR MAKE AVAILABLE FOR PUBLIC CONSUMPTION ANY TOY  OR  PLAY
    6  EQUIPMENT  THAT  HAS  BEEN  THE  SUBJECT OF A MANUFACTURER OR GOVERNMENT
    7  ORDERED RECALL DUE TO A CONDITION OR DEFECT THAT POSES A THREAT  TO  THE
    8  HEALTH  OR  SAFETY  OF  A CONSUMER, WHERE SUCH SALE TAKES PLACE AT LEAST
    9  THIRTY DAYS AFTER SUCH RETAILER OR WHOLESALE DISTRIBUTOR HAS  ACTUAL  OR
   10  CONSTRUCTIVE NOTICE OF SUCH RECALL.
   11    2.  ANY  VIOLATION  OF  THIS  SECTION  SHALL  BE A CLASS A MISDEMEANOR
   12  PUNISHABLE BY A FINE OF ONE THOUSAND DOLLARS, UP TO A  MAXIMUM  OF  FIVE
   13  THOUSAND  DOLLARS,  PER  INFRACTION  AND UP TO ONE YEAR IN PRISON, OR BY
   14  BOTH SUCH FINE AND IMPRISONMENT.
   15    3. THE ATTORNEY GENERAL MAY BRING AN ACTION IN THE NAME OF THE  PEOPLE
   16  OF THE STATE OF NEW YORK TO ENFORCE THE PROVISIONS OF THIS SECTION.
   17    S  2.  This  act  shall take effect on the sixtieth day after it shall
   18  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04674-01-1