Bill Text: NY A05711 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to hazardous toys and other articles intended for use by children.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A05711 Detail]
Download: New_York-2011-A05711-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5711 2011-2012 Regular Sessions I N A S S E M B L Y February 25, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT, CAHILL, MILLMAN, GALEF, BARRON, COLTON, GABRYSZAK, ORTIZ, WEISENBERG, JAFFEE -- Multi-Sponsored by -- M. of A. GIBSON, GOTTFRIED, GUNTHER, JACOBS, McENENY, PHEFFER -- read once and referred to the Committee on Consumer Affairs and 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, the section heading and subdivisions 1 3 and 4 as amended by chapter 358 of the laws of 1989 and such section as 4 renumbered by chapter 432 of the laws of 1974, is amended to read as 5 follows: 6 S 396-k. Hazardous toys and other articles intended primarily for use 7 by children; prohibition and enforcement. 1. No person, firm, corpo- 8 ration, association or agent or employee thereof shall import, manufac- 9 ture, sell, hold for sale or distribute a toy or other article intended 10 for use by a child which presents an electrical, mechanical or thermal 11 hazard OR THAT IS CONTAMINATED WITH ANY TOXIC SUBSTANCE. The following 12 definitions are applicable to this section: 13 (a) "Child" means any person less than fourteen years of age; 14 (b) A toy or other article presents an electrical hazard if, in normal 15 use or when subjected to reasonably foreseeable damage or abuse, its 16 design or manufacture may cause personal injury or illness by electrical 17 shock or electrocution; 18 (B-1) "TOY" MEANS AN ARTICLE OR ITEM DESIGNED AND MADE FOR THE AMUSE- 19 MENT OF A CHILD OR FOR HIS OR HER USE IN PLAY; 20 (c) A toy or other article presents a mechanical hazard if, in normal 21 use or when subjected to reasonably foreseeable damage or abuse, its 22 design or manufacture presents an unreasonable risk of personal injury 23 or illness: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08284-01-1 A. 5711 2 1 (1) from fracture, fragmentation or disassembly of the article; 2 (2) from propulsion of the article or any part or accessory thereof; 3 (3) from points or other protrusions, surfaces, edges, openings or 4 closures; 5 (4) from moving parts; 6 (5) from lack or insufficiency of controls to reduce or stop motion; 7 (6) as a result of self-adhering characteristics of the article; 8 (7) because the article or any part or accessory thereof may be aspi- 9 rated or ingested; 10 (8) because of instability; OR 11 (9) [from stuffing material which is not free of dangerous or harmful 12 substances; or 13 (10)] because of any other aspect of the article's design or manufac- 14 ture. 15 (d) A toy or other article presents a thermal hazard if, in normal use 16 or when subjected to reasonably foreseeable damage or abuse, its design 17 or manufacture presents an unreasonable risk to personal injury or 18 illness because of heat as from heated parts, substances or surfaces[.]; 19 AND 20 (E) A TOY IS CONTAMINATED WITH A TOXIC SUBSTANCE IF IT IS ANY OF THE 21 FOLLOWING: 22 (1) IS COATED WITH PAINTS AND LACQUERS CONTAINING COMPOUNDS OF LEAD OF 23 WHICH THE LEAD CONTENT (CALCULATED AS PB) IS IN EXCESS OF THAT PERMITTED 24 BY FEDERAL REGULATIONS CONTAINED IN SECTION 1500.17 OF TITLE 16 OF THE 25 CODE OF FEDERAL REGULATIONS ADOPTED PURSUANT TO THE FEDERAL HAZARDOUS 26 SUBSTANCES ACT, CHAPTER 30 (COMMENCING WITH SECTION 1261) OF TITLE 15 OF 27 THE UNITED STATES CODE, OR SOLUBLE COMPOUNDS OF ANTIMONY, ARSENIC, 28 CADMIUM, MERCURY, SELENIUM OR BARIUM, INTRODUCED AS SUCH. COMPOUNDS 29 SHALL BE CONSIDERED SOLUBLE IF QUANTITIES IN EXCESS OF 0.1 PERCENT ARE 30 DISSOLVED BY 5 PERCENT HYDROCHLORIC ACID AFTER STIRRING FOR 10 MINUTES 31 AT ROOM TEMPERATURE; 32 (2) CONSISTS IN WHOLE OR IN PART OF A DISEASED, CONTAMINATED, FILTHY, 33 PUTRID OR DECOMPOSED SUBSTANCE; 34 (3) HAS BEEN PRODUCED, PREPARED, PACKED, SHIPPED, OR HELD UNDER UNSAN- 35 ITARY OR OTHER CONDITIONS WHEREBY IT MAY HAVE BECOME CONTAMINATED WITH 36 FILTH OR HAZARDOUS MATERIALS OR OTHERWISE RENDERED INJURIOUS TO HEALTH; 37 (4) IS STUFFED, PADDED OR LINED WITH MATERIALS THAT ARE TOXIC OR THAT 38 WOULD OTHERWISE BE HAZARDOUS IF INGESTED, INHALED, OR CONTACTED; OR 39 (5) IS A STUFFED, PADDED OR LINED TOY THAT IS NOT SECURELY WRAPPED OR 40 PACKAGED. 41 2. Whenever the attorney general shall believe from evidence satisfac- 42 tory to him that any person, firm, corporation or association or agent 43 or employee thereof has violated any provision of this section, he may 44 bring an action in the supreme court of the state of New York for a 45 judgment enjoining the continuance of such violation and for a civil 46 penalty of not more than one thousand dollars for each violation, except 47 that the court may impose a civil penalty of not more than four thousand 48 dollars if the violation is knowing and willful. If it shall appear to 49 the satisfaction of the court or justice that the defendant has violated 50 any provision of this section, no proof shall be required that any 51 person has been injured thereby nor that the defendant knowingly or 52 intentionally violated such provision. In such action preliminary relief 53 may be granted under article sixty-three of the civil practice law and 54 rules. 55 3. Before any violation of this section is sought to be enjoined, the 56 attorney general shall be required to give the person against whom such A. 5711 3 1 proceeding is contemplated notice by certified mail and an opportunity 2 to show in writing within five business days after receipt of notice why 3 proceedings should not be instituted against him, unless the attorney 4 general shall find, in any case in which he seeks preliminary relief, 5 that to give such notice and opportunity is not in the public interest. 6 4. In any such action it shall be a complete defense that the toy or 7 other article sought to be enjoined either complies with, or is exempt 8 under, the federal "Child Protection and Toy Safety Act of 1969", as 9 amended, or the federal "Consumer Product Safety Act", as amended, or 10 any regulation or exemption promulgated under either act or any other 11 applicable federal law. In the case of children's [sleepware] SLEEPWEAR, 12 it shall be a complete defense that the article sought to be enjoined 13 complies with any enforcement policy formally issued by a federal agency 14 having enforcement authority with respect thereto. 15 5. In connection with any such proposed application, the attorney 16 general is authorized to take proof, issue subpoenas and administer 17 oaths in the manner provided in the civil practice law and rules. 18 6. If any provisions of this [chapter] SECTION or the application 19 thereof to any person or circumstances is held unconstitutional, such 20 invalidity shall not affect other provisions or applications of this 21 [chapter] SECTION which can be given effect without the invalid 22 provision or application, and to this end the provisions of this [chap- 23 ter] SECTION are severable. 24 S 2. This act shall take effect immediately.