What's happening
This bill requires online marketplaces to provide a web form for sellers to search product recalls and allows penalties for noncompliance.
Why it matters
Online marketplaces would be required to build a direct search tool for product recalls. making it easier for sellers to check if an item is recalled before listing it for sale, potentially reducing the risk of dangerous or defective products being sold to consumers.
Marketplaces could block the sale of recalled products. if found through the required search tool, giving these platforms both the authority and responsibility to help prevent recalled items from reaching buyers.
Sellers unable to determine recall status must explicitly acknowledge their responsibility. not to sell recalled products, which clarifies legal liability and increases accountability for sellers who may not have full information about the items they list.
Significant penalties (up to $15 million) and enforcement by the Attorney General. create strong incentives for online marketplaces to comply, signaling a serious regulatory approach and potentially leading to safer e-commerce environments for New Yorkers.
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Who cares
Headline styles
Require Product Recall Checks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to consumer affairs and protection
- Referred to consumer affairs and 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.
Require Recall Search on Marketplaces
In Senate Committee · Consumer Protection · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8475
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Consumer Affairs and Protection
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 349-f to read as follows:
§ 349-f. Product recall search web form. 1. For purposes of this section, the term "online market place" shall mean an internet site used to facilitate the sale of goods and services, including any internet site used for auctions that are operated by any buyer, seller, or thirdparty intermediary.
2. Online market places shall provide on their web page, where a seller inputs product information, a web form where the seller may search the United States Consumer Product Safety Commission's recall central database. Online market places shall use the application program interface provided by the United States Consumer Product Safety Commission's recall retrieval web service to create such web form.
3. If it is determined through a search of the recall central database, as described in subdivision two of this section, that a product has been recalled, the online market place may block the seller of the product from selling such product on their site.
4. The online market place shall also provide space on the web form, described in subdivision two of this section, where sellers may indicate that they do not have enough information to determine if their product has been recalled. The following shall be stated in such space: "I do not have enough information to determine if the product has been recalled. I have read the related guidelines regarding selling recalled products and I understand my responsibility to not sell a recalled product."
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10611-07-7
A. 8475 2
5. It shall be a violation if an online market place does not provide a web form, as described in subdivision two of this section. The attorney general shall have the authority to investigate violations under this section, and if the attorney general believes that a person has violated or is violating such section, then the attorney general may bring a civil action on behalf of the people of the state of New York. The attorney general may seek in his or her discretion, in an action for the recovery of a penalty under this section, an amount of up to fifteen million dollars.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.