Bill Text: NY S06508 | 2017-2018 | General Assembly | Amended
Bill Title: Requires online market places to provide a product recall search web form where sellers may search the United States consumer protection safety commission's recall central database to determine whether products they are selling have been recalled.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S06508 Detail]
Download: New_York-2017-S06508-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6508--A 2017-2018 Regular Sessions IN SENATE May 26, 2017 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to requiring online market places to provide a product recall search web form The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 349-f to read as follows: 3 § 349-f. Product recall search web form. 1. For purposes of this 4 section, the term "online market place" shall mean an internet site used 5 to facilitate the sale of goods and services, including any internet 6 site used for auctions that are operated by any buyer, seller, or third- 7 party intermediary. 8 2. Online market places shall provide on their web page, where a sell- 9 er inputs product information, a web form where the seller may search 10 the United States Consumer Product Safety Commission's recall central 11 database. Online market places shall use the application program inter- 12 face provided by the United States Consumer Product Safety Commission's 13 recall retrieval web service to create such web form. 14 3. If it is determined through a search of the recall central data- 15 base, as described in subdivision two of this section, that a product 16 has been recalled, the online market place may block the seller of the 17 product from selling such product on their site. 18 4. The online market place shall also provide space on the web form, 19 described in subdivision two of this section, where sellers may indicate 20 that they do not have enough information to determine if their product 21 has been recalled. The following shall be stated in such space: "I do 22 not have enough information to determine if the product has been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10611-06-7S. 6508--A 2 1 recalled. I have read the related guidelines regarding selling recalled 2 products and I understand my responsibility to not sell a recalled prod- 3 uct." 4 5. It shall be a violation if an online market place does not provide 5 a web form, as described in subdivision two of this section. The attor- 6 ney general shall have the authority to investigate violations under 7 this section, and if the attorney general believes that a person has 8 violated or is violating such section, then the attorney general may 9 bring a civil action on behalf of the people of the state of New York. 10 The attorney general may seek in his or her discretion, in an action for 11 the recovery of a penalty under this section, an amount of up to fifteen 12 million dollars. 13 § 2. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law.
