Bill Text: NY A04186 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue, lip or nose piercing and requires a warning printed on the packaging of any other products containing a small magnet.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-02-01 - referred to consumer affairs and protection [A04186 Detail]

Download: New_York-2019-A04186-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
        Introduced  by  M. of A. WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of
          A. PERRY, RIVERA, TITUS, 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,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4186                             2
     1  or if unpackaged, on a label or tag affixed to the product.  Such notice
     2  shall consist of the signal word "WARNING" and contain,  at  a  minimum,
     3  the  following  text  or  equivalent text which clearly conveys the same
     4  warning:
     5    "This  product  contains  (a)  small  magnet(s). Swallowed magnets can
     6  stick together across intestines causing serious infections  and  death.
     7  Seek immediate medical attention if magnet(s) are swallowed or inhaled."
     8    4.  This  section  shall  not  apply  to products that comply with the
     9  magnet safety and labeling requirements of ASTM F963-11  or  any  subse-
    10  quent revisions of such standard.
    11    5.  The  department  of  state  shall promulgate rules and regulations
    12  necessary to carry out the provisions of this section.
    13    6. Whenever there shall be a violation of this section, an application
    14  may be made by the attorney general in the name of  the  people  of  the
    15  state  of  New  York,  to  a  court  or justice having jurisdiction by a
    16  special proceeding to issue  an  injunction,  and  upon  notice  to  the
    17  defendant of not less than five days, to enjoin and restrain the contin-
    18  uance  of  such violation; and if it shall appear to the satisfaction of
    19  the court or justice that the defendant  has,  in  fact,  violated  this
    20  section,  an injunction may be issued by the court or justice, enjoining
    21  and restraining any further violations, without requiring proof that any
    22  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
    23  proceeding,  the  court  may  make allowances to the attorney general as
    24  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    25  hundred  three  of the civil practice law and rules, and direct restitu-
    26  tion. Whenever the court  shall  determine  that  a  violation  of  this
    27  section  has  occurred, the court may impose a civil penalty of not more
    28  than two thousand dollars.  In connection with any such proposed  appli-
    29  cation,  the  attorney  general  is  authorized to take proof and make a
    30  determination of the relevant facts and to issue subpoenas in accordance
    31  with the civil practice law and rules.
    32    § 2. This act shall take effect on the one hundred twentieth day after
    33  it shall have become a law. Effective immediately, the addition,  amend-
    34  ment and/or repeal of any rule or regulation necessary for the implemen-
    35  tation of this act on its effective date are authorized to be made on or
    36  before such effective date.