§ 490-a. Definitions. For the purposes of this article, the following
terms shall have the following meanings:

1. "Department" means the department of state.

2. "Children's product" shall mean a toy or other article, other than
clothing, primarily intended for use by a child under twelve years of
age. The following shall be considered in determining if the toy or
article is intended for a child under twelve years of age:

(a) A statement by a manufacturer about the intended use of such toy
or article, including a label on such toy or article;

(b) The context and manner of the advertising, promotion, and
marketing associated with the toy or article; and

(c) Whether the toy or article is commonly recognized by consumers as
being intended for use by a child under twelve years of age.

3. "Commercial dealer" means any person who is in the business of
manufacturing, remanufacturing, retrofitting, distributing, importing,
or selling at wholesale children's products in New York state. This
definition shall not be construed to include retailers.

4. "Secretary" means the secretary of state.

5. "Initial consumer" means a person who purchases a children's
product or durable juvenile product for any purpose other than resale.

6. "Secondhand dealer" means a person who sells as a primary source of
income reconditioned, remanufactured, refurbished, previously owned, or
consignment items. Such term shall not include the initial consumer or
someone who purchases a children's product or durable juvenile product
primarily for personal use but who subsequently sells the product.

7. "Durable juvenile product" means products intended for use, or that
may be reasonably expected to be used, by children under the age of five
years as defined in subsection (f) of section 104 of the United States
Consumer Product Safety Improvement Act of 2008, Pub. L. No. 110-314 or
other similar durable juvenile products designed for children under age
five as shall be specified in regulations promulgated by the United
States consumer product safety commission.

8. "Person" means a natural person and any entity, including but not
limited to a sole proprietorship, partnership, firm, corporation,
limited liability company, or association, and any employee or agent
thereof.

9. "Product safety owner's card" means a postage paid registration
form that (a) requests the initial consumer to provide prescribed
information to the manufacturer, and (b) requires the manufacturer
provide certain prescribed information to the initial consumer. All such
information shall be prescribed by the United States consumer product
safety commission, pursuant to subsection (d) of section 104 of the
United States Consumer Product Safety Improvement Act of 2008, Pub. L.
No. 110-314 and the United States consumer product safety commission
rules promulgated in accordance with such act.

10. "Recall" means a request to return a product to the manufacturer
due to a defect in the product.

11. "Retailer" means any person who as a business or for-profit
venture sells or leases children's products or durable juvenile products
for-profit in New York to initial consumers. Such term shall not include
(a) someone who purchased or acquired a product primarily for personal
use and who subsequently resells the product, or (b) any secondhand
dealer, as defined in this section.

12. "Knowledge" means (a) the receipt of notice or having actual
knowledge or (b) the presumed having of knowledge deemed to be possessed
by a reasonable person who acts in the circumstances, including
knowledge obtainable upon the exercise of due care.