NY State Senate Bill 2017-S636

Senate Bill S636

2017-2018 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

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 04, 2017	referred to consumer protection

co-Sponsors

2017-S636 (ACTIVE) - Details

See Assembly Version of this Bill:: A4929
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-ll, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9140
2013-2014: A733
2015-2016: S5552, A2650
2019-2020: A4186
2021-2022: A9223
2023-2024: A785

2017-S636 (ACTIVE) - Summary

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

2017-S636 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S636

 TITLE OF BILL :

An act to amend the general business law, in relation to products
containing small magnets

 PURPOSE OR GENERAL IDEA OF BILL :

This bill prohibits the sale of magnetic jewelry which is meant to
mimic a tongue, lip or nose piercing and requires a warning printed on
other products containing a small magnet.

 SUMMARY OF SPECIFIC PROVISIONS :

1: 1. Adds a new section, 396-11 to the general business law entitled
"Products containing small magnets." It defines small magnets as those
which can fit into a 2.25 by 1.25 inch small parts test cylinder.

2. Prohibits persons, firms, corporations and other legal entities
from selling or distributing jewelry meant to mimic a tongue, lip or
nose piercing containing small magnets.

3. Requires persons, firms, corporations and other legal entities
which sell or distribute any children's product or magnet novelty
consumer product, as defined in the bill, containing a small magnet to

affix clear warning labels stating "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 of one or more magnets are swallowed or
inhaled."

4. Authorizes the attorney general to file an application for an
injunction on behalf of the people of New York in the event of a
violation. States the judge may file an injunction without requiring
Proof that a person has been injured. If the court has determined a
violation has occurred, the court may impose a civil penalty of not
more than two thousand dollars.

§ 2 This act shall take effect on the 120th day after it shall have
become law.

 JUSTIFICATION :

If swallowed or inhaled, magnets can attach to each other or other
metallic objects in the body and cause severe internal damage. While
this fact should lead on to the logical conclusion that one should not
put magnets in your mouth, some retailers presently sell magnetic
jewelry meant to mimic a tongue, lip or nose piercing. In 2006 the
Centers for Disease Control and Prevention issued a warning about the
health risks posed by these products. In January 2012, a Brooklyn boy
was rushed to the hospital after swallowing just this type of magnetic
faux tongue ring. If not treated immediately, swallowing a magnet can
cause damage almost the equivalent of a gunshot abdominal wound. At
least 22 kids have swallowed magnets of all types in the last three
years according the US Consumer Product Safety Commission.  It is
important that we take action to remove these magnetic tongue rings
from the market and alert consumers of the danger small magnets pose
if ingested.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: S.5552 Died in Consumer Protection

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the 120th day after it shall have become
law.

2017-S636 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    636
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  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:
   § 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-
 LY 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.

                                                            LBD05453-01-7

 S. 636                              2
 
 SHALL  CONSIST  OF  THE SIGNAL WORD "WARNING" AND CONTAIN, AT A MINIMUM,
 THE FOLLOWING TEXT OR EQUIVALENT TEXT WHICH  CLEARLY  CONVEYS  THE  SAME
 WARNING:
   "THIS  PRODUCT  CONTAINS  (A)  SMALL  MAGNET(S). SWALLOWED MAGNETS CAN
 STICK TOGETHER ACROSS INTESTINES CAUSING SERIOUS INFECTIONS  AND  DEATH.
 SEEK IMMEDIATE MEDICAL ATTENTION IF MAGNET(S) ARE SWALLOWED OR INHALED."
   4.  THIS  SECTION  SHALL  NOT  APPLY  TO PRODUCTS THAT COMPLY WITH THE
 MAGNET SAFETY AND LABELING REQUIREMENTS OF ASTM F963-11  OR  ANY  SUBSE-
 QUENT REVISIONS OF SUCH STANDARD.
   5.  THE  DEPARTMENT  OF  STATE  SHALL PROMULGATE RULES AND REGULATIONS
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   6. 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
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
 SECTION,  AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN TWO THOUSAND DOLLARS.  IN CONNECTION WITH ANY SUCH PROPOSED  APPLI-
 CATION,  THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A
 DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
 WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.

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Senate Bill S636

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Sponsored By

Phil Boyle