STATE OF NEW YORK ________________________________________________________________________ 4421--B Cal. No. 139 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. ZEBROWSKI, ENGLEBRIGHT, SIMON, DICKENS, DE LA ROSA, JAFFEE, CRESPO, GUNTHER, McDONOUGH, ORTIZ -- Multi-Spon- sored by -- M. of A. BUCHWALD, GALEF -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading -- again amended on third reading, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the general business law, in relation to enacting "Harper's Law" requiring tip restraint devices on certain furniture The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Harper's Law". 2 § 2. The general business law is amended by adding a new section 399- 3 ii to read as follows: 4 § 399-ii. Furniture tip restraint device. 1. As used in this section: 5 (a) "furniture" shall mean a clothing storage unit that is freestand- 6 ing and at least twenty-seven inches in height including but not limited 7 to chests, dressers, armoires, and bureaus; and 8 (b) "tip restraint device" shall mean a mechanism that is designed to 9 reduce the risk of furniture tipping over. Such mechanism may include 10 straps, wall brackets, steel cables, or plug and screw sets. 11 2. No person, firm, partnership, association, limited liability compa- 12 ny, corporation, or other entity shall sell or offer to sell new furni- 13 ture to a consumer at retail unless the furniture conforms to standards 14 endorsed or established by the federal Consumer Product Safety Commis- 15 sion or, if no such standard exists, a standard established by ASTM 16 International which requires furniture to contain a tip restraint device 17 and carry a permanent warning label, including but not limited to, ASTM 18 F2057. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05559-04-9A. 4421--B 2 1 3. A person, firm, partnership, association, limited liability compa- 2 ny, corporation, or other entity may sell or offer to sell new furniture 3 that does not meet the requirements in subdivision two of this section 4 if the furniture sold is outside the scope of the standards prescribed 5 in subdivision two of this section and contains a compatible tip 6 restraint device and carries a permanent warning label, or if the furni- 7 ture is outside the scope of the standards prescribed in subdivision two 8 of this section and the retailer: (a) maintains in stock and prominently 9 displays within the store tip restraint devices available for sale that 10 are compatible with such furniture; and (b) posts a notice, in a 11 conspicuous location which may be easily seen or reached by customers, 12 that, in legible format, states: "Certain furniture may become unstable 13 and tip over, leading to possible injury or death. Tip restraint devices 14 may prevent tipping of furniture when properly installed." 15 4. Any person, firm, partnership, association, limited liability 16 company, corporation, or other entity that sells or offers to sell new 17 furniture to a consumer at retail in violation of the provisions of this 18 section shall be liable for a civil penalty not to exceed five hundred 19 dollars for each violation. 20 § 3. This act shall take effect on the ninetieth day after it shall 21 have become a law.