490 – Short Title.

§ 490. Short title. This article shall be known and may be cited as the “children’s product safety and recall effectiveness act of 2008”.

490-A – Definitions.

§ 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 […]

490-B – Manufacturers’ Requirements to Include Product Safety Owner’s Cards.

§ 490-b. Manufacturers’ requirements to include product safety owner’s cards. 1. Manufacturers of durable juvenile products distributed, sold or made available in New York state shall include a product safety owner’s card with all sales to initial consumers of durable juvenile products. The manufacturer shall not use or disseminate to any other party the information […]

490-C – Labeling of Children’s Products and Durable Juvenile Products.

§ 490-c. Labeling of children’s products and durable juvenile products. 1. Every manufacturer or importer of a children’s product or a durable juvenile product sold or distributed in New York state shall label such product or its packaging with a label as prescribed by 15 USC 2063 and the United States consumer product safety commission […]

490-D – Product Recall or Warning Requirements.

§ 490-d. Product recall or warning requirements. 1. When a commercial dealer of children’s products or durable juvenile products has made available or placed for sale in this state a children’s product or durable juvenile product for which a recall or warning has been issued, the commercial dealer must discontinue distribution of any recalled product […]

490-E – Retailer Responsibilities.

§ 490-e. Retailer responsibilities. 1. A retailer shall not sell, lease or otherwise make available a children’s product or durable juvenile product that does not contain an appropriate label as provided under section four hundred ninety-c of this article. 2. When a retailer has knowledge of a commercial dealer or a federal or state agency’s […]

490-F – Non-Retail Sales Responsibilities.

§ 490-f. Non-retail sales responsibilities. 1. Any person that acts as an operator or manager of a website that serves as a platform to facilitate by a competitive bidding process or solely between third parties the resale, sale or distribution of children’s products or durable juvenile products shall conspicuously post on its homepage advisory language […]

490-G – Enforcement.

§ 490-g. Enforcement. 1. Where it is determined after a hearing that any person has violated one or more provisions of this article, the secretary may assess a civil penalty no greater than five thousand dollars for each violation. Any proceeding conducted pursuant to this section shall be subject to the state administrative procedure act. […]

490-H – Promulgation of Rules and Regulations.

§ 490-h. Promulgation of rules and regulations. The department shall promulgate rules and regulations to administer this article.