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S2443Senate2011-2012 SessionSame asA5711

Relates to hazardous toys and other articles intended for use by children

Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

Primary sponsor
James S. Alesi

Senator · Senate District 55

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5711Assembly

Relates to hazardous toys and other articles intended for use by children

In Assembly Committee · Consumer Affairs And Protection · Sponsor Steven Englebright

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2443

Title of bill

An act to amend the general business law, in relation to hazardous toys and other articles intended for use by children

Purpose

Amends the current provisions of the hazardous toy prohibitions currently contained in the general business law to include the definition of a toy contaminated by a toxic substance in response to the recent influx of lead tainted toys.

Summary of provisions

Section 1: Amends section 396-k of the General business law to add new subsection (1) (b-1) to define toy as an article or item designed for the amusement of a child or for his or her use in play.

Also, adds new (1) (e) to define a toy contaminated with a toxic substance as a toy: 1) coated with lead paint in excess of federal regulations, or soluble compounds of antimony, arsenic, cadmium, mercury, selenium or barium; 2) consisting in whole or part of a diseased, contaminated, filthy or putrid substance; 3) produced, prepared, packed or shipped under unsanitary conditions; 4) stuffed or padded with toxic substances; or 5) stuffed toy that is not securely wrapped or packaged.

Section 2: Effective date.

Existing law

Section 396-k of the General Business Law currently only addresses toys that are hazardous because they pose an electrical, mechanical or thermal danger. The current statute does not address toys that are contaminated with hazardous chemicals or materials.

Justification

Recently, the outbreak of lead tainted toys has wreaked havoc on the American public. For weeks, it appeared that a new toy recall was issued every day. Concerned about the welfare of their children, parents have called for stricter standards on imported products that can effect our most vulnerable population, our youth.

Unfortunately, the current statute in New York does not address toys tainted with contaminated substances but merely regulates toys that pose an electrical, mechanical or thermal danger. To update the statute to address some of the new dangers posed by toys contaminated with dangerous substances such as lead paint, this bill would contain a new section which defines and includes toys contaminated by toxic substances within the prohibition and enforcement provisions of the hazardous toy's law. This bill is based on the current statute governing hazardous toys in California.

This bill is an important consumer protection measure which seeks to stop the proliferation of toxic toys by including these tainted products within the power of the Attorney General to bring civil suit and enjoin illegal activity.

Legislative history

S.6636 of 2008 S.7353 of 2010

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.