Bill Text: NY S05855 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes toys contaminated with a toxic substance within hazardous toys subject to specific regulations and protections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S05855 Detail]
Download: New_York-2023-S05855-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5855 2023-2024 Regular Sessions IN SENATE March 20, 2023 ___________ Introduced by Sen. PARKER -- 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 hazardous toys and other articles intended for use by children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 396-k of the general business law, as added by 2 chapter 754 of the laws of 1973, and as renumbered by chapter 432 of the 3 laws of 1974, the section heading and subdivisions 1 and 4 as amended by 4 chapter 358 of the laws of 1989, is amended to read as follows: 5 § 396-k. Hazardous toys and other articles intended primarily for use 6 by children; prohibition and enforcement. 1. No person, firm, corpo- 7 ration, association or agent or employee thereof shall import, manufac- 8 ture, sell, hold for sale or distribute a toy or other article intended 9 for use by a child which presents an electrical, mechanical or thermal 10 hazard or that is contaminated with any toxic substance. The following 11 definitions are applicable to this section: 12 (a) "Child" means any person less than fourteen years of age; 13 (b) A toy or other article presents an electrical hazard if, in normal 14 use or when subjected to reasonably foreseeable damage or abuse, its 15 design or manufacture may cause personal injury or illness by electrical 16 shock or electrocution; 17 (b-1) "Toy" means an article or item designed and made for the amuse- 18 ment of a child or for his or her use in play; 19 (c) A toy or other article presents a mechanical hazard if, in normal 20 use or when subjected to reasonably foreseeable damage or abuse, its 21 design or manufacture presents an unreasonable risk of personal injury 22 or illness: 23 (1) from fracture, fragmentation or disassembly of the article; 24 (2) from propulsion of the article or any part or accessory thereof; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07444-01-3S. 5855 2 1 (3) from points or other protrusions, surfaces, edges, openings or 2 closures; 3 (4) from moving parts; 4 (5) from lack or insufficiency of controls to reduce or stop motion; 5 (6) as a result of self-adhering characteristics of the article; 6 (7) because the article or any part or accessory thereof may be aspi- 7 rated or ingested; 8 (8) because of instability; or 9 (9) [from stuffing material which is not free of dangerous or harmful10substances; or11(10)] because of any other aspect of the article's design or manufac- 12 ture. 13 (d) A toy or other article presents a thermal hazard if, in normal use 14 or when subjected to reasonably foreseeable damage or abuse, its design 15 or manufacture presents an unreasonable risk to personal injury or 16 illness because of heat as from heated parts, substances or surfaces[.]; 17 and 18 (e) A toy is contaminated with a toxic substance if it is any of the 19 following: 20 (1) is coated with paints and lacquers containing compounds of lead of 21 which the lead content (calculated as Pb) is in excess of that permitted 22 by federal regulations contained in Section 1500.17 of Title 16 of the 23 Code of Federal Regulations adopted pursuant to the Federal Hazardous 24 Substances Act, Chapter 30 (commencing with Section 1261) of Title 15 of 25 the United States Code, or soluble compounds of antimony, arsenic, 26 cadmium, mercury, selenium or barium, introduced as such. Compounds 27 shall be considered soluble if quantities in excess of 0.1 percent are 28 dissolved by 5 percent hydrochloric acid after stirring for 10 minutes 29 at room temperature; 30 (2) consists in whole or in part of a diseased, contaminated, filthy, 31 putrid or decomposed substance; 32 (3) has been produced, prepared, packed, shipped, or held under unsan- 33 itary or other conditions whereby it may have become contaminated with 34 filth or hazardous materials or otherwise rendered injurious to health; 35 (4) is stuffed, padded or lined with materials that are toxic or that 36 would otherwise be hazardous if ingested, inhaled, or contacted; or 37 (5) is a stuffed, padded or lined toy that is not securely wrapped or 38 packaged. 39 2. Whenever the attorney general shall believe from evidence satisfac- 40 tory to him or her that any person, firm, corporation or association or 41 agent or employee thereof has violated any provision of this section, he 42 or she may bring an action in the supreme court of the state of New York 43 for a judgment enjoining the continuance of such violation and for a 44 civil penalty of not more than one thousand dollars for each violation, 45 except that the court may impose a civil penalty of not more than four 46 thousand dollars if the violation is knowing and willful. If it shall 47 appear to the satisfaction of the court or justice that the defendant 48 has violated any provision of this section, no proof shall be required 49 that any person has been injured thereby nor that the defendant knowing- 50 ly or intentionally violated such provision. In such action preliminary 51 relief may be granted under article sixty-three of the civil practice 52 law and rules. 53 3. Before any violation of this section is sought to be enjoined, the 54 attorney general shall be required to give the person against whom such 55 proceeding is contemplated notice by certified mail and an opportunity 56 to show in writing within five business days after receipt of notice whyS. 5855 3 1 proceedings should not be instituted against him or her, unless the 2 attorney general shall find, in any case in which he or she seeks 3 preliminary relief, that to give such notice and opportunity is not in 4 the public interest. 5 4. In any such action it shall be a complete defense that the toy or 6 other article sought to be enjoined either complies with, or is exempt 7 under, the federal "Child Protection and Toy Safety Act of 1969", as 8 amended, or the federal "Consumer Product Safety Act", as amended, or 9 any regulation or exemption promulgated under either act or any other 10 applicable federal law. In the case of children's [sleepware] sleepwear, 11 it shall be a complete defense that the article sought to be enjoined 12 complies with any enforcement policy formally issued by a federal agency 13 having enforcement authority with respect thereto. 14 5. In connection with any such proposed application, the attorney 15 general is authorized to take proof, issue subpoenas and administer 16 oaths in the manner provided in the civil practice law and rules. 17 6. If any provisions of this [chapter] section or the application 18 thereof to any person or circumstances is held unconstitutional, such 19 invalidity shall not affect other provisions or applications of this 20 [chapter] section which can be given effect without the invalid 21 provision or application, and to this end the provisions of this [chap-22ter] section are severable. 23 § 2. This act shall take effect immediately.
