Bill Text: NY S00825 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires a warning instruction by a person, firm, corporation, or other legal entities which manufacture and assemble roller skates and skate boards; requires the warning to be contained on a label, hangtag, shield or plate or on the outside of the box which such pair of roller skates or skate boards are sold and in each instruction manual; sets forth penalties for violations; makes an exception for the sale of roller skates or skate boards sold or offered for sale by consumers for consumer use.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-20 - PRINT NUMBER 825A [S00825 Detail]

Download: New_York-2015-S00825-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          825
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to notice require-
         ments in the manufacture, assembling and sale  of  roller  skates  and
         skate boards
         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  391-t to read as follows:
    3    S 391-T. SALE OF ROLLER SKATES AND SKATE BOARDS; NOTIFICATION.  1.  AS
    4  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
    5  INGS:
    6    (A) "ROLLER SKATE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
    7  BY SECTION ONE HUNDRED FORTY-B OF THE VEHICLE AND TRAFFIC LAW.
    8    (B)  "SKATE BOARD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
    9  BY SECTION ONE HUNDRED FORTY-C OF THE VEHICLE AND TRAFFIC LAW.
   10    (C) "WARNING INSTRUCTION" SHALL MEAN A  NOTICE  IN  SUBSTANTIALLY  THE
   11  FOLLOWING  FORM  PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE
   12  THE RISK OF SERIOUS INJURY AND ONLY USE (INSERT 'THESE SKATES' OR  'THIS
   13  SKATE  BOARD',  AS  APPROPRIATE)  WHILE  WEARING  FULL PROTECTIVE GEAR -
   14  HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
   15    2. (A) NO PERSON, FIRM,  CORPORATION,  OR  OTHER  LEGAL  ENTITY  WHICH
   16  OFFERS  TO SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES SHALL DO
   17  SO UNLESS: (I) A WARNING INSTRUCTION  CONTAINED  ON  A  LABEL,  HANGTAG,
   18  SHIELD OR PLATE CLEARLY VISIBLE TO THE CONSUMER IS PLACED ON THE OUTSIDE
   19  OF  THE  BOX  IN WHICH SUCH PAIR OF ROLLER SKATES IS SOLD OR OFFERED FOR
   20  SALE AT RETAIL; AND (II) EACH SUCH PAIR OF ROLLER SKATES WHICH  CONTAINS
   21  A  USER'S  GUIDE  OR  BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING
   22  INSTRUCTION WITHIN OR ON SUCH GUIDE OR MANUAL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01275-01-5
       S. 825                              2
    1    (B) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL  ENTITY  SHALL  SELL,
    2  OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS: (I)
    3  A  WARNING  INSTRUCTION  CONTAINED  ON A LABEL, HANGTAG, SHIELD OR PLATE
    4  CLEARLY VISIBLE TO THE CONSUMER IS PLACED ON THE OUTSIDE OF THE  BOX  IN
    5  WHICH  SUCH  SKATE BOARD IS SOLD OR OFFERED FOR SALE AT RETAIL; AND (II)
    6  EACH SKATE BOARD WHICH CONTAINS A USER'S GUIDE  OR  BUYER'S  INSTRUCTION
    7  MANUAL  ALSO  CONTAINS  A WARNING INSTRUCTION WITHIN OR ON SUCH GUIDE OR
    8  MANUAL.
    9    (C) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS  REGU-
   10  LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
   11  UTING  ROLLER  SKATES  AT  RETAIL  FOR CONSUMER USE SHALL SELL, OFFER TO
   12  SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS SUCH  ROLLER
   13  SKATES  CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH
   14  (A) OF THIS SUBDIVISION.
   15    (D) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS  REGU-
   16  LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
   17  UTING SKATE BOARDS AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO SELL,
   18  OR  DISTRIBUTE  IN THIS STATE SUCH SKATE BOARDS UNLESS SUCH SKATE BOARDS
   19  CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (B)  OF
   20  THIS SUBDIVISION.
   21    3.  WHENEVER  IT  SHALL APPEAR THAT THERE HAS BEEN A VIOLATION OF THIS
   22  SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE  NAME
   23  OF  THE  PEOPLE  OF  THE  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
   24  JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
   25  NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
   26  RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
   27  THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
   28  FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
   29  OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
   30  REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
   31  THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
   32  ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
   33  SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
   34  AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
   35  VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
   36  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS  FOR  SUCH  VIOLATION.  IN
   37  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
   38  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
   39  AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
   40  RULES.
   41    4. NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH  IS  REGU-
   42  LARLY  ENGAGED  IN  THE BUSINESS OF SELLING, OR OFFERING FOR SALE ROLLER
   43  SKATES OR SKATE BOARDS SHALL BE DEEMED TO HAVE VIOLATED  THE  PROVISIONS
   44  OF  THIS  SUBDIVISION,  IF SUCH PERSON, FIRM, CORPORATION OR OTHER LEGAL
   45  ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE THAT THE VIOLATION  WAS  NOT
   46  INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
   47  MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
   48    5.  THIS SECTION SHALL NOT APPLY TO THE SALE OF ROLLER SKATES OR SKATE
   49  BOARDS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
   50    S 2. This act shall take effect one year after it shall have become  a
   51  law.