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

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

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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: (Passed) 2019-08-13 - signed chap.163 [S01627 Detail]

Download: New_York-2019-S01627-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1627--A
            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
        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  over  thirty  inches  in  height  including but not limited to
     7  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  a  standard  established  by ASTM International which requires
    16  furniture to contain a tip restraint device and carry a permanent  warn-
    17  ing label, including but not limited to, ASTM F2057.
    18    3.  A person, firm, partnership, association, limited liability compa-
    19  ny, corporation, or other entity may sell or offer to sell new furniture
    20  that does not meet the requirements in subdivision two of  this  section
    21  if  the retailer: (a) maintains in stock and prominently displays within
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05559-03-9
        S. 1627--A                          2
     1  the store tip restraint devices available for sale that  are  compatible
     2  with  such  furniture; and (b) posts a notice, in a conspicuous location
     3  which may be easily seen or  reached  by  customers,  that,  in  legible
     4  format,  states:  "Certain  furniture  may become unstable and tip over,
     5  leading to possible injury or death. Tip restraint devices  may  prevent
     6  tipping of furniture when properly installed."
     7    4.  Any  person,  firm,  partnership,  association,  limited liability
     8  company, corporation, or other entity that sells or offers to  sell  new
     9  furniture to a consumer at retail in violation of the provisions of this
    10  section  shall  be liable for a civil penalty not to exceed five hundred
    11  dollars for each violation.
    12    § 3. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.