Bill Text: NY S01627 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts "Harper's Law" which will require that retailers who sell certain new furniture offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2019-05-30 - SUBSTITUTED BY A4421B [S01627 Detail]

Download: New_York-2019-S01627-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1627--B
            Cal. No. 545

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 15, 2019
                                       ___________

        Introduced by Sens. SKOUFIS, BOYLE, GAUGHRAN, GOUNARDES, SERRANO -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Consumer  Protection  --  reported  favorably  from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading -- again amended and ordered reprinted, retain-
          ing its place in 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.
    19    3. A person, firm, partnership, association, limited liability  compa-
    20  ny, corporation, or other entity may sell or offer to sell new furniture

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05559-05-9

        S. 1627--B                          2

     1  that  does  not meet the requirements in subdivision two of this section
     2  if the furniture sold is outside the scope of the  standards  prescribed
     3  in  subdivision  two  of  this  section  and  contains  a compatible tip
     4  restraint device and carries a permanent warning label, or if the furni-
     5  ture is outside the scope of the standards prescribed in subdivision two
     6  of this section and the retailer: (a) maintains in stock and prominently
     7  displays  within the store tip restraint devices available for sale that
     8  are compatible with such  furniture;  and  (b)  posts  a  notice,  in  a
     9  conspicuous  location  which may be easily seen or reached by customers,
    10  that, in legible format, states: "Certain furniture may become  unstable
    11  and tip over, leading to possible injury or death. Tip restraint devices
    12  may prevent tipping of furniture when properly installed."
    13    4.  Any  person,  firm,  partnership,  association,  limited liability
    14  company, corporation, or other entity that sells or offers to  sell  new
    15  furniture to a consumer at retail in violation of the provisions of this
    16  section  shall  be liable for a civil penalty not to exceed five hundred
    17  dollars for each violation.
    18    § 3. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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