Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to consumer protection |
Senate Bill S2219
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Actions
2011-S2219 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง394-f, Gen Bus L
- Versions Introduced in 2009-2010 Legislative Session:
-
S205
2011-S2219 (ACTIVE) - Summary
Requires merchants to post notices of recalled products that are offered for sale in their business establishment; provides also for the giving of notice by mail to certain customers; provides for enforcement by the attorney general; authorizes a private right of action.
2011-S2219 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2219 TITLE OF BILL: An act to amend the general business law, in relation to notification of recalled products PURPOSE OR GENERAL IDEA OF BILL: To increase consumer access to information about hazardous or defective products requiring recalls. SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new section 394-f to the General Business Law to require within thirty days of notification of a recall or of a defective or hazardous product from a manufacturer, distributor or by a federal or state agency, the seller of such product shall post such a notice. The notice must be prominently displayed for at least 90 days. The notice shall include information identifying the product including but not limited to any serial, model, lot or code number of the product, information describing the nature of the problem and information about redemption or refund. In addition to the posting of the notice, the notice shall also be mailed by the manufacturer or distributor to all users of the product who have either filed a warranty registration card, owner's registration card or other similar form.
2011-S2219 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2219 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to notification of recalled products 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 394-f to read as follows: S 394-F. RECALLED PRODUCTS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THESE MEANINGS: (A) "SELLER" MEANS A PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY ENGAGED IN THE SALE, DISPLAY OR OFFERING FOR SALE, OF PRODUCTS OR MERCHANDISE AT RETAIL, INCLUDING MAIL ORDER BUSINESSES AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-M OF THIS ARTICLE AND TELEPHONE SALES BUSINESSES, AS DEFINED IN SECTION FOUR HUNDRED FORTY-ONE OF THE PERSONAL PROPERTY LAW. (B) "MANUFACTURER" MEANS A PERSON, FIRM OR CORPORATION ENGAGED IN MANUFACTURING, CONVERTING, PROCESSING, ALTERING, REPAIRING, FINISHING, OR PREPARING FOR SALE, OR IMPORTING FOR DISTRIBUTION ANY PRODUCT IN THIS STATE. (C) "DISTRIBUTOR" MEANS A PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY THAT SELLS OR DISTRIBUTES ANY PRODUCT IN THIS STATE. (D) "CONSUMER" MEANS ANY NATURAL PERSON WHO PURCHASES A PRODUCT THAT HAS BEEN RECALLED. (E) "RECALL OR RECALLED" SHALL MEAN A CORRECTIVE OR REMEDIAL ACTION INVOLVING THE REPAIR OR REPLACEMENT OF A PRODUCT OR THE REFUND OF THE PURCHASE PRICE OF A PRODUCT SOLD BY A MANUFACTURER. 2. WITHIN THIRTY DAYS OF A SELLER'S RECEIVING NOTIFICATION OF A RECALL OR NOTICE OF A DEFECTIVE OR HAZARDOUS PRODUCT FROM A MANUFACTURER, DISTRIBUTOR, OR BY A FEDERAL OR STATE AGENCY, SUCH SELLER SHALL PROMI- NENTLY AND CONSPICUOUSLY DISPLAY SUCH NOTIFICATION IN AN AREA READILY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07397-01-1
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