Bill Text: NY A08435 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Provides for certain labeling requirements on child safety seats; requires that no seat intended for use by a child less than four years of age shall be sold if it fails to conspicuously disclose on its label a warning of compatibility of the child safety seat with automobiles; provides for enforcement by the attorney general and provides for private right of action for any person damaged by failure of another to follow these provisions; provides for a cap on civil penalties of twenty-five thousand dollars.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A08435 Detail]

Download: New_York-2011-A08435-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8435
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 15, 2011
                                      ___________
       Introduced by M. of A. DINOWITZ, MARKEY, GABRYSZAK -- Multi-Sponsored by
         --  M.  of A. CLARK, COLTON, COOK, CUSICK, CYMBROWITZ, FARRELL, GALEF,
         GLICK, HOOPER, MAGEE,  MAGNARELLI,  McENENY,  MILLMAN,  ORTIZ,  PERRY,
         SCARBOROUGH,  WEISENBERG -- read once and referred to the Committee on
         Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to  providing  for
         notice of compatibility to purchasers of child safety seats
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and purpose. The legislature finds and
    2  declares that the safest method to transport young children when  riding
    3  in  passenger  cars  is  in  a federally approved child safety seat. New
    4  York's mandatory child restraint  law  has  demonstrated  its  value  in
    5  protecting  young children from fatalities and injuries when involved in
    6  motor vehicle accidents. It is critical to the  children's  safety  that
    7  they are protected in a properly fitting child safety seat. The National
    8  Highway  Traffic  Safety  Administration  estimates that a properly used
    9  child safety seat reduces the risk of fatality  by  seventy-one  percent
   10  and  the  risk  of  serious injury by sixty-seven percent among children
   11  less than five years of age.
   12    However, the legislature finds that many child safety  seats  are  not
   13  used properly. There exist compatibility problems in the design of child
   14  restraints  that  make secure installation of child safety seats in some
   15  vehicle seating positions difficult and, occasionally,  impossible.  Not
   16  all  child  safety seats can be used effectively in all makes and models
   17  of cars. An improperly installed child safety seat can reduce its poten-
   18  tial benefits and cause injuries and/or death to children using them.
   19    Additionally, the legislature finds and declares that consumers should
   20  be made aware that certain child restraint devices may be  inappropriate
   21  for certain automobile makes and models.
   22    Therefore,  the legislature intends by this act to ensure consumers be
   23  provided information concerning the compatibility of child safety  seats
   24  with the automobiles in which they will be used.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00866-01-1
       A. 8435                             2
    1    S  2. The general business law is amended by adding a new section 399-
    2  ff to read as follows:
    3    S  399-FF.  CHILD  SAFETY SEATS; LABELING REQUIREMENTS.  1. AS USED IN
    4  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR GRAPHIC MATTER UPON
    6  THE IMMEDIATE CONTAINER OF ANY CHILD SAFETY SEAT OR IN  THE  CASE  OF  A
    7  CHILD SAFETY SEAT WHICH IS UNPACKAGED OR IS NOT PACKAGED IN AN IMMEDIATE
    8  CONTAINER  INTENDED OR SUITABLE FOR DELIVERY TO THE ULTIMATE CONSUMER, A
    9  DISPLAY OF SUCH MATTER DIRECTLY UPON THE CHILD SAFETY SEAT  INVOLVED  OR
   10  UPON  A TAG OR SUITABLE MATERIAL AFFIXED THERETO.  LABEL SHALL INCLUDE A
   11  PERMANENTLY AFFIXED OR IMPRINTED NOTICE ON THE ACTUAL CHILD SAFETY SEAT.
   12    (B) "CHILD SAFETY SEAT" MEANS ANY  SPECIALLY  DESIGNED  DETACHABLE  OR
   13  REMOVABLE  SEAT  WHICH  MEETS THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS
   14  SET FORTH IN 49 C.F.R. 571.213.
   15    2. NO MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOY-
   16  EE THEREOF SHALL IMPORT, MANUFACTURE, SELL, HOLD FOR  SALE  OR  DISTRIB-
   17  UTION  ANY  CHILD SAFETY SEAT INTENDED FOR USE BY A CHILD LESS THAN FOUR
   18  YEARS OF AGE WHICH FAILS TO CONSPICUOUSLY DISCLOSE ON ITS LABEL A  WARN-
   19  ING OF COMPATIBILITY OF THE CHILD SAFETY SEAT WITH AUTOMOBILES.
   20    3.  ANY  CHILD  SAFETY SEAT INTENDED FOR USE BY A CHILD LESS THAN FOUR
   21  YEARS OF AGE MUST BE LABELED AS FOLLOWS:
   22  "ATTENTION:  NOT ALL CHILD SAFETY SEATS ARE COMPATIBLE  WITH  ALL  MOTOR
   23  VEHICLES."
   24    4.  WHENEVER  THERE  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
   25  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
   26  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
   27  PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
   28  NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
   29  VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
   30  JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
   31  INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
   32  RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
   33  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
   34  PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
   35  PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
   36  HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
   37  TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
   38  SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
   39  THAN  ONE THOUSAND DOLLARS FOR EACH VIOLATION, BUT IN NO EVENT SHALL THE
   40  TOTAL AMOUNT OF SUCH PENALTIES EXCEED TWENTY-FIVE THOUSAND  DOLLARS.  IN
   41  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
   42  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
   43  AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
   44  RULES.
   45    5. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
   46  PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
   47  ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
   48  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
   49  ACTUAL DAMAGES OR ONE HUNDRED DOLLARS, WHICHEVER  IS  GREATER,  OR  BOTH
   50  SUCH  ACTIONS.  THE  COURT  MAY  AWARD  REASONABLE  ATTORNEY'S FEES TO A
   51  PREVAILING PLAINTIFF.
   52    S 3. This act shall take effect one year after it shall have become  a
   53  law  and shall apply to child safety seats imported, manufactured, sold,
   54  held for sale or distributed in this state on and after  such  effective
   55  date.