Assembly Bill A9140

2011-2012 Legislative Session

Prohibits the sale of magnetic jewelry which is meant to mimic a tongue piercing and requires a warning printed on other products containing a small magnet

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2011-A9140 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §396-11, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A733
2015-2016: A2650
2017-2018: A4929
2019-2020: A4186
2021-2022: A9223
2023-2024: A785

2011-A9140 - Summary

Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue piercing and requires a warning printed on the packaging of any other products containing a small magnet.

2011-A9140 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9140

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the  general  business  law, in relation to products
  containing small magnets

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-ll to read as follows:
  S  396-LL.  PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES OF THIS
SECTION, "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO
A SPECIALLY DESIGNED TEST CYLINDER 2.25 INCHES LONG BY 1.25 INCHES  WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE  YEARS  OLD,  COMMONLY REFERRED TO AS THE SMALL PARTS CYLINDER, AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1.
  2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL SELL
ANY JEWELRY THAT INCLUDES A SMALL MAGNET  WHICH  IS  MEANT  TO  MIMIC  A
TONGUE PIERCING.
  3.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHALL MANUFAC-
TURE, SELL AT RETAIL, OR OFFER TO SELL AT RETAIL ANY PRODUCT  CONTAINING
A  SMALL MAGNET, OTHER THAN JEWELRY DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION, UNLESS SUCH PERSON, FIRM, CORPORATION  OR  OTHER  LEGAL  ENTITY
CAUSES A NOTICE, WHICH IS CLEARLY VISIBLE TO THE CONSUMER AND PRINTED IN
CLEAR AND CONSPICUOUS TYPE, TO APPEAR ON THE PACKAGE IN WHICH SUCH PROD-
UCT  IS  SOLD  OR  OFFERED FOR SALE, OR IF UNPACKAGED, ON A LABEL OR TAG
AFFIXED TO THE PRODUCT, WHICH CONTAINS THE FOLLOWING WARNING IN SUBSTAN-
TIALLY THE FOLLOWING FORM:
  "WARNING! THIS PRODUCT CONTAINS MAGNETS. MAGNETS STICKING TOGETHER  OR
BECOMING  ATTACHED  TO A METALLIC OBJECT INSIDE THE HUMAN BODY CAN CAUSE
SERIOUS OR FATAL INJURY. SEEK IMMEDIATE MEDICAL ATTENTION IF ONE OR MORE
MAGNETS ARE SWALLOWED OR INHALED."
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF  NEW  YORK,  TO  A  COURT  OR JUSTICE HAVING JURISDICTION BY A
SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2011-A9140A - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §396-11, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A733
2015-2016: A2650
2017-2018: A4929
2019-2020: A4186
2021-2022: A9223
2023-2024: A785

2011-A9140A - Summary

Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue piercing and requires a warning printed on the packaging of any other products containing a small magnet.

2011-A9140A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9140--A

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  general  business  law, in relation to products
  containing small magnets

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-ll to read as follows:
  S  396-LL.  PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES OF THIS
SECTION:
  (A) "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO  A
SPECIALLY  DESIGNED  TEST  CYLINDER 2.25 INCHES LONG BY 1.25 INCHES WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE YEARS OLD, COMMONLY REFERRED TO AS THE SMALL  PARTS  CYLINDER,  AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1;
  (B) "MAGNET NOVELTY CONSUMER PRODUCT" SHALL MEAN A PRODUCT MARKETED TO
ADULTS  FOR  THE  PURPOSES  OF  LEISURE OR STRESS RELIEF THAT CONTAINS A
MAGNET OR MAGNETS. MAGNET NOVELTY CONSUMER PRODUCTS INCLUDE, BUT ARE NOT
LIMITED TO, OFFICE TOYS, DESKTOP TOYS, DESK TOYS,  STRESS  RELIEF  TOYS,
AND PUZZLES;
  (C) "CHILDREN'S PRODUCT" SHALL MEAN A TOY OR OTHER ARTICLE, OTHER THAN
CLOTHING,  PRIMARILY INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF
AGE. THE FOLLOWING SHALL BE CONSIDERED IN  DETERMINING  IF  THE  TOY  OR
ARTICLE IS INTENDED FOR A CHILD UNDER FOURTEEN YEARS OF AGE:
  (I)  A  STATEMENT BY A MANUFACTURER ABOUT THE INTENDED USE OF SUCH TOY
OR ARTICLE, INCLUDING A LABEL ON SUCH TOY OR ARTICLE;
  (II) THE CONTEXT AND MANNER OF THE ADVERTISING, PROMOTION, AND MARKET-
ING ASSOCIATED WITH THE TOY OR ARTICLE; AND
  (III) WHETHER THE TOY OR ARTICLE IS COMMONLY RECOGNIZED  BY  CONSUMERS
AS BEING INTENDED FOR USE BY A CHILD UNDER FOURTEEN YEARS OF AGE.
  2.  NO  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION OR CORPORATION SHALL
MANUFACTURE, SELL AT RETAIL, OR OFFER TO SELL  AT  RETAIL,  ANY  JEWELRY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2011-A9140B - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §396-11, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A733
2015-2016: A2650
2017-2018: A4929
2019-2020: A4186
2021-2022: A9223
2023-2024: A785

2011-A9140B - Summary

Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue piercing and requires a warning printed on the packaging of any other products containing a small magnet.

2011-A9140B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9140--B

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  general  business  law,  in  relation  to  products
  containing small magnets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-ll to read as follows:
  S 396-LL. PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES  OF  THIS
SECTION:
  (A)  "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO A
SPECIALLY DESIGNED TEST CYLINDER 2.25 INCHES LONG BY  1.25  INCHES  WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE  YEARS  OLD,  COMMONLY REFERRED TO AS THE SMALL PARTS CYLINDER, AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1; AND
  (B) "MAGNET NOVELTY CONSUMER PRODUCT" SHALL MEAN A PRODUCT MARKETED TO
ADULTS FOR THE PURPOSES OF LEISURE OR  STRESS  RELIEF  THAT  CONTAINS  A
MAGNET OR MAGNETS. MAGNET NOVELTY CONSUMER PRODUCTS INCLUDE, BUT ARE NOT
LIMITED  TO,  OFFICE  TOYS, DESKTOP TOYS, DESK TOYS, STRESS RELIEF TOYS,
AND PUZZLES.
  2. NO PERSON, FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION  SHALL
MANUFACTURE,  SELL  AT  RETAIL,  OR OFFER TO SELL AT RETAIL, ANY JEWELRY
PRODUCT THAT INCLUDES A SMALL MAGNET AND WHICH IS MARKETED AS A  PRODUCT
DESIGNED TO MIMIC A TONGUE, LIP OR NOSE PIERCING.
  3.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHALL MANUFAC-
TURE, SELL AT RETAIL, OR OFFER TO SELL  AT  RETAIL  ANY  MAGNET  NOVELTY
CONSUMER  PRODUCT  CONTAINING  A  SMALL MAGNET UNLESS SUCH PERSON, FIRM,
CORPORATION OR OTHER LEGAL ENTITY CAUSES  A  NOTICE,  WHICH  IS  CLEARLY
VISIBLE  TO  THE  CONSUMER AND PRINTED IN CLEAR AND CONSPICUOUS TYPE, TO
APPEAR ON THE PACKAGE IN WHICH SUCH PRODUCT IS SOLD OR OFFERED FOR SALE,
OR IF UNPACKAGED, ON A LABEL OR TAG AFFIXED TO THE PRODUCT.  SUCH NOTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2011-A9140C (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §396-11, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A733
2015-2016: A2650
2017-2018: A4929
2019-2020: A4186
2021-2022: A9223
2023-2024: A785

2011-A9140C (ACTIVE) - Summary

Prohibits the sale of jewelry that includes a small magnet which is meant to mimic a tongue piercing and requires a warning printed on the packaging of any other products containing a small magnet.

2011-A9140C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9140--C

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  general  business  law,  in  relation  to  products
  containing small magnets

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-ll to read as follows:
  S 396-LL. PRODUCTS CONTAINING SMALL MAGNETS. 1. FOR PURPOSES  OF  THIS
SECTION:
  (A)  "SMALL MAGNET" SHALL MEAN A MAGNET THAT CAN FIT COMPLETELY INTO A
SPECIALLY DESIGNED TEST CYLINDER 2.25 INCHES LONG BY  1.25  INCHES  WIDE
THAT APPROXIMATES THE SIZE OF THE FULLY EXPANDED THROAT OF A CHILD UNDER
THREE  YEARS  OLD,  COMMONLY REFERRED TO AS THE SMALL PARTS CYLINDER, AS
PRESCRIBED IN 16 CFR SECTION 1501.4, FIGURE 1; AND
  (B) "MAGNET NOVELTY CONSUMER PRODUCT" SHALL MEAN A PRODUCT MARKETED TO
ADULTS FOR THE PURPOSES OF LEISURE OR  STRESS  RELIEF  THAT  CONTAINS  A
MAGNET OR MAGNETS. MAGNET NOVELTY CONSUMER PRODUCTS INCLUDE, BUT ARE NOT
LIMITED  TO,  OFFICE  TOYS, DESKTOP TOYS, DESK TOYS, STRESS RELIEF TOYS,
AND PUZZLES.
  2. NO PERSON, FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION  SHALL
MANUFACTURE, SELL AT RETAIL, OFFER TO SELL, OR DISTRIBUTE AT RETAIL, ANY
JEWELRY  PRODUCT THAT INCLUDES A SMALL MAGNET AND WHICH IS MARKETED AS A
PRODUCT DESIGNED TO MIMIC A TONGUE, LIP OR NOSE PIERCING.
  3. NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY  SHALL  MANUFAC-
TURE,  SELL AT RETAIL, OFFER TO SELL AT RETAIL, OR DISTRIBUTE ANY MAGNET
NOVELTY CONSUMER PRODUCT CONTAINING A SMALL MAGNET UNLESS  SUCH  PERSON,
FIRM, CORPORATION OR OTHER LEGAL ENTITY CAUSES A NOTICE, WHICH IS CLEAR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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