Requires a warning instruction by entities which manufacture, assemble and sell roller skates and skate boards

BILL NUMBER:S794A

Title of bill

An act to amend the general business law, in relation to notice requirements in the manufacture, assembling and sale of roller skates and skate boards

Purpose or general idea of bill

The purpose of this bill is to protect skate boarders and roller skaters by requiring a warning instruction to be affixed by label on the outside of the box in which the item is sold and included in the buyer's guide or user's manual.

Summary of specific provisions

Section 1. Amends the General Business Law by adding a new section, 391-t. Defines roller skates and skate boards. Requires a warning instruction to be included 1) on a label or hangtag on the outside of the box in which the roller skates or skateboard is offered for sale in order to be visible to the consumer and 2) within the user's guide or instruction manual. Establishes a civil penalty of not more than five hundred dollars for violations associated with this section.

Section 2. Effective Date

Existing law

None.

Justification

This legislation responds to the large number of inju- ries related to use of skate-boards and roller skates. The United States Consumer Product Safety commission (CPSC) warns consumers that in-line skating can be a dangerous sport if appropriate safety gear is not used. A majority of the injuries were related to one's wrists, arms, and legs. Moreover, according to the American Academy of Pediatrics, an estimated 17.7 million youth under the age of eighteen participate in in-line skating, roller-skating and skate-boarding.

Over the past several years, recreational skateboarding has seen an increase in popularity. In 1998, an estimated 5.8 million children under the age of eighteen in the United States participated in skate-boarding. Skate-boarding injuries account for an estimated 50,000 hospital visits each year according to the American Academy of Pediatrics. In addition, among children and teenagers in the United States, 1.500 were hospital- ized due to injuries that arose from skateboarding. According to the CPSC, six out of every ten skate-board injuries occur with children under the age of fifteen. sprains, fractures, contusions and abrasions are the most common skateboarding injuries.

Appropriate protective gear is essential for safety when skating and skate-boarding. Protective gear includes wrist guards, knee pads, gloves and elbow pads have been known to prevent injuries. These protective devices are designed to absorb the impact of a fall, avoid gravel burns and scrapes as well as fractured and broken bones. This legislation will significantly reduce the number of injuries if protective gear is worn

thereby decreasing the likelihood of hospital visits and its associated medical expenses.

Prior legislative history

2013: S.794-Referred to Consumer Protection 2012: S.123-A-Amend and Recommit to Consumer Protection 2011: S.123 - Defeated in Consumer Protection 2010: S.3642 - Referred to Consumer Protection 2009: S.3642 - Reported and Committed to Codes/A.4285A Passed Assembly 2007-08 A.437 - Passed Assembly 2005-06: A.686B - Reported Referred to Codes

Fiscal implications

None to the State.

Effective date

This act shall take effect one year after enactment.