Makes technical corrections to the children's product safety and recall effectiveness act of 2008

Section 2 of the bill amends GBL . 490-b, to provide that the manufacturers' requirements to include product safety owner's cards with all durable juvenile products distributed, sold or made available in New York is consistent with the CPSIA requirement for registration forms to be provided with such products.

Section 3 of the bill amends GBL § 490-c, to provide that all children's products and durable juvenile products sold in New York State shall contain labels, as prescribed by 15 USC § 2063 and CPSC rules, on such product or product packaging.

Section 4 of the bill amends GBL § 490-e, to eliminate the six-month sell through period for retailers to sell unlabeled products during the implementation phase. The bill also provides that upon knowledge of a product recall or warning, retailers are required within 1 business day to initiate a corrective undertaking that includes (i) removing the recalled product from the shelves and (ii) taking steps to ensure that such product is not sold or made available. Retailers are also required to post notice of such a recall or warning, within one business day and if a website is maintained, to conspicuously post such notice or it link to the notice on its homepage.

Section 5 of the bill repeals a provision of Chapter 553 of the laws of 2008 which made GBL§ 490-c effective on July 1, 2009.

Section 6 of the bill provides that it will take effect on the effective date of the Act (March 3, 2009), provided that section 2 of the bill will take effect August 14, 2009.

Existing law

GBL Article 28-E sets forth manufacturer, distributor, importer, wholesaler, retailer, and non-retail sales responsibilities when dealing in products primarily intended for children under 12 years of age, and durable juvenile products intended for use by children under the age of 5.

Prior legislative history

This is a new bill.

Statement in support

During the 2008 legislative session, Governor Paterson submitted and the Legislature passed the Children's Product Safety and Recall Effectiveness Act of 2008 (the Act). This measure addressed the relaxed federal marketplace standards that allowed for numerous dangerous products to permeate retail shelves in 2007. Specifically, the Act requires any durable juvenile product sold to include it product safety owner's registration card, to afford the purchaser the ability to register the product with the manufacturer and receive any future product recall or warning notices. The Act also prescribes affirmative duties for manufacturers, wholesalers, distributors, importers, secondhand dealers, retailers and non-retail sales persons when dealing in children's products or durable juvenile products. Such duties include notification, labeling, prohibiting the sale of any recalled products, and removing recalled products from store shelves. The Act takes effect on March 3, 2009.

While New York State policy makers were addressing children's marketplace safety policy, the United States Congress also acted, enhancing the Consumer Product Safety Act (CPSA) in response to the unsafe children's products entering the United States marketplace. Congress reached an agreement and passed the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSIA strengthens the laws and standards in the marketplace of children's goods. Accordingly, this bill amends the State Children's Product Safety and Recall Effectiveness Act of 2008 to acknowledge the change in the CPSA and the Consumer Product Safety Commission's rules governing the sale of children's products and durable juvenile products.

Specifically, GBL § 490-b, which sets forth manufacturers' requirements to include product safety owner's cards, and GBL § 490-c, which provides for labeling of children's products and durable juvenile products, contain different terms then those set forth in the CPSIA. This bill amends those sections to avoid a legal challenge, make New York Law consistent with the new statutory provisions contained in the CPSIA, and fortify the enforcement of CPSIA principles in the New York marketplace.

In addition, statutory and retailer responsibilities have been amended to reflect the definitions and standards found in the CPSA and the Consumer Product Safety Commission's rules.

This legislation is necessary to effectuate a consistent, comprehensible implementation of increased children's marketplace safety laws and regulations for consumers, manufacturers, importers, distributors, and retailers in New York.

Budget implications

None.

Effective date

This bill would take effect on the same date and in the same manner as chapter 553 of the laws of 2008 takes effect, provided, however, if such chapter takes effect on or before August 14, 2009, § 2 of the bill shall take effect on August 14, 2009. Effective immediately, the Consumer Protection Board may promulgate any rule or regulation necessary for the timely implementation of this bill on its effective date.