Bill Text: NY A00450 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the manufacturer and importer of certain consumer products to conspicuously disclose the name of the manufacturer and importer of a consumer product and the primary address of the manufacturer and importer on the container or package of such product or upon a tag affixed to such product; defines "consumer item" as a toy or article intended for use by children or an electrical product intended for a consumer's personal use; provides that a violation of such provisions shall be a deceptive act and false advertising and shall be subject to appropriate penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to consumer affairs and protection [A00450 Detail]

Download: New_York-2009-A00450-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          450
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. JACOBS -- Multi-Sponsored by -- M. of A. HOOPER
         -- read once and referred to the Committee  on  Consumer  Affairs  and
         Protection
       AN  ACT  to  amend  the  general  business law, in relation to requiring
         consumer products to be labelled or contain the name of  the  manufac-
         turer and importer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  349-d to read as follows:
    3    S 349-D. NOTICE CONCERNING MANUFACTURERS  AND  IMPORTERS  OF  CONSUMER
    4  PRODUCTS. 1. FOR PURPOSES OF THIS SECTION:
    5    (A)  "MANUFACTURER"  MEANS  A  PERSON,  FIRM OR CORPORATION ENGAGED IN
    6  MAKING,  CONVERTING,  PROCESSING,  ALTERING,  REPAIRING,  FINISHING   OR
    7  PREPARING ANY CONSUMER PRODUCT FOR SALE TO A CONSUMER.
    8    (B)  "IMPORTER"  MEANS  A  PERSON,  FIRM OR CORPORATION ENGAGED IN THE
    9  DISTRIBUTION OF ANY CONSUMER PRODUCT FOR SALE OR LEASE TO A CONSUMER  IN
   10  THIS STATE.
   11    (C) "CONSUMER PRODUCT" MEANS ANY TOY OR OTHER ARTICLE INTENDED FOR USE
   12  BY  CHILDREN OR ANY ELECTRICAL PRODUCT INCLUDING ANY EXTENSION CORD THAT
   13  IS USED TO CONNECT SUCH PRODUCT TO ITS SOURCE OF POWER THAT IS  INTENDED
   14  FOR A CONSUMER'S PERSONAL, FAMILY, RECREATIONAL OR HOUSEHOLD PURPOSES.
   15    (D)  "MERCHANT"  MEANS  A  PERSON,  FIRM OR CORPORATION ENGAGED IN THE
   16  SALE, DISPLAY OR OFFERING FOR SALE CONSUMER PRODUCTS OR  MERCHANDISE  AT
   17  RETAIL TO A CONSUMER.
   18    2.  NO MERCHANT, MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT
   19  OR EMPLOYEE THEREOF SHALL IMPORT, MANUFACTURE, SELL, OFFER FOR  SALE  OR
   20  DISTRIBUTE  IN THIS STATE ANY CONSUMER PRODUCT TO A CONSUMER WHICH FAILS
   21  TO CONSPICUOUSLY DISCLOSE THE NAME OF THE MANUFACTURER OF  THE  CONSUMER
   22  PRODUCT AND THE PRIMARY ADDRESS OF SUCH MANUFACTURER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02151-01-9
       A. 450                              2
    1    3. A MANUFACTURER SHALL CONSPICUOUSLY DISCLOSE ITS NAME AND ADDRESS ON
    2  THE  CONTAINER  OR  PACKAGE  CONTAINING ANY CONSUMER PRODUCT OR, WHERE A
    3  CONSUMER PRODUCT IS  UNPACKAGED  OR  IS  NOT  PACKAGED  IN  A  CONTAINER
    4  INTENDED  OR  SUITABLE  FOR  DELIVERY  TO THE CONSUMER, SUCH INFORMATION
    5  SHALL BE CONTAINED ON A TAG OR LABEL AFFIXED TO THE CONSUMER PRODUCT.
    6    4. WHERE AN IMPORTER DISTRIBUTES A CONSUMER PRODUCT FOR SALE OR LEASE,
    7  THE  IMPORTER  SHALL  CONSPICUOUSLY DISCLOSE ITS NAME AND ADDRESS ON THE
    8  CONTAINER OR PACKAGE CONTAINING ANY CONSUMER PRODUCT OR, WHERE A CONSUM-
    9  ER PRODUCT IS UNPACKAGED OR IS NOT PACKAGED IN A CONTAINER  INTENDED  OR
   10  SUITABLE  FOR  DELIVERY  TO  THE  CONSUMER,  SUCH  INFORMATION  SHALL BE
   11  CONTAINED ON A TAG OR LABEL AFFIXED TO THE CONSUMER PRODUCT.
   12    5. THE PROVISIONS OF THIS SECTION SHALL NOT  BE  DEEMED  TO  ALTER  OR
   13  OTHERWISE SUPERSEDE ANY OTHER LABELING OR DISCLOSURE REQUIREMENT IMPOSED
   14  BY STATE OR FEDERAL LAW.
   15    6.  A VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE BOTH A DECEPTIVE
   16  ACT AND FALSE ADVERTISING AND SHALL BE SUBJECT TO THE  PENALTIES  OTHER-
   17  WISE PRESCRIBED IN THIS ARTICLE.
   18    S 2. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law.