Requires notice to consumers of the manufacturer and importer of consumer products

BILL NUMBER:A450

Title of bill

An act to amend the general business law, in relation to requiring consumer products to be labelled or contain the name of the manufacturer and importer

Purpose or general idea of bill

To require the manufacturer and importer of certain consumer products to disclose their identity and address on the container or package or upon a tag affixed to the item.

SUMMARY OF SPECIFIC PROVISIONS

Under this bill, no merchant, manufacturer, corporation, association or agent or employee shall manufacture, import, sell, offer for sale or distribute a toy or other article intended for use by children or any electrical product including an extension cord which fails to disclose the name and primary address of the manufacturer.

Manufacturers shall disclose their name and address on the container or package or where such consumer product is unpackaged such information shall be provided on a tag or label affixed to the product. Where an importer distributes such a consumer product, the importer shall also disclose its name and address either on the container or package or on a tag or label affixed to the product.

A violation of these provisions, shall be considered a deceptive act and false advertising and shall be subject to the penalties in Article 22-A of the General Business Law.

Finally, the bill stipulates that the proposed labeling provisions shall not alter or supersede any other labeling or disclosure requirements already provided for in statute.

Effects of present law which this bill would alter

The General Business Law is amended by adding a new section 349-d.

Justification

Identification of the manufacturer and any importer will aid state and federal regulators in tracing those parties who are responsible for correcting hazardous or defective products. Various federal and state officials have indicated that frequently they are unable to trace the manufacturer and or importer of certain products that require a recall or corrective action. This tracking problem threatens the safety of consumers. Recently, federal and state authorities had significant difficulties in identifying the manufacturers and importers of hazardous electrical extension cords, metal bunk beds, baby walkers and lamps marketed in New York State. Additionally, without proper markings and identifications, consumers are often unable to distinguish the hazardous

or defective product from suitable ones thereby placing themselves and their families in jeopardy.

Prior legislative history

2007-2008- referred to Consumer Affairs, reported to Codes 2005-2006 - referred to Consumer Affairs 2003-2004 - referred to Consumer Affairs, ordered to third reading 2001-2002 - advanced to third reading 1999-2000 - referred to Consumer Affairs, reported to Codes, ordered to third reading

Fiscal implications for state & local governments

None.

Effective date

The one hundred twentieth day after it shall have become law.