State Senators To Introduce Legislation To Keep Recalled Toys Out Of The Hands Of New York Children

State Senator Charles J. Fuschillo, Jr. today announced that he is introducing comprehensive state legislation, along with Senators Dean Skelos, Carl Marcellino and Kemp Hannon, to protect children from hazardous toys that have been recalled. The Toy Recall Protection and Enforcement Act prohibits the sale of recalled toys and other consumer goods by stores, thrift shops and second hand retailers, imposes penalties on businesses that continue to sell recalled products, and puts in place other protections to ensure that dangerous toys stay out of the hands of children.

Senator Fuschillo (R-Merrick), who is chairman of the Senate Consumer Protection Committee said, “While many responsible retailers voluntarily take recalled toys off their shelves, toys with unsafe lead levels and other hazardous conditions are still being sold. We need to put better protections in place to ensure that these unsafe products are immediately removed from the marketplace.”

Last week, Senator Fuschillo co-chaired a public hearing on Long Island with Senators Hannon and Marcellino which examined recent recalls of contaminated toys and consumer products. Based on the information heard at that hearing, the Toy Recall Protection and Enforcement Act will: 

* Prohibit the sale of recalled toys and other recalled consumer products by stores, thrift shops or second hand retailers, 

* Require immediate removal of recalled toys and other products from the market,

* Require retailers to have a stop-sale procedure in place to ensure that recalled goods that may have been overlooked and remain on the shelves are stopped at the cash register and not sold, 

* Require retailers to display recall posters on Safety Boards and update the information on a daily basis as necessary,

* Require all retailers that already have a website to post recall notices under the heading “Recall Alert” which directs the user to the U.S. Consumer Protection Safety Commission or the N.Y.S. Consumer Protection Safety Board websites,

* Require all retailers to accept recalled toys and other recalled merchandise for purposes of returning it to the manufacturer or distributor,

* Require the manufacturer to provide for the safe return of the recalled items at no cost to the distributor, merchant or individual,

* Allow the state Attorney General to seek a civil penalty of between $1,000 and $10,000 for those retailers who violate the law.

Senator Fuschillo added, “Ultimately, the best way to protect our citizens from hazardous toys and other dangerous consumer imports is to pre-test these products before they even reach the marketplace. We are also encouraging the federal government to greatly boost its efforts to identify unsafe items before they reach the store shelves.”

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