Title 19 Part 224 NYCRR — browse free

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19 NYCRR 224.1 - Purpose and scope

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Oversight and enforcement. It is the responsibility of the New York State Department of State (Department) to:

(a)enforce the provisions of article 28-E of the General Business Law, the Children’s Product Safety and Recall Effectiveness act of 2008, to enhance the safety of the marketplace for children under the age of 12;

(b)set requirements for children’s and durable juvenile products, which shall include:

(1)labeling standards;

(2)product recall and warning notification requirements;

(3)removal and disposal of recalled products from the marketplace; and

(4)recordkeeping and reporting requirements; and

(c)distinguish which requirements apply to the various affected entities within the children’s and durable juvenile products marketplace. The affected and defined entities include retailers, operators of websites that act as a platform to facilitate competitive bidding between third parties for the sale or resale of such products, secondhand dealers, and commercial dealers, which includes manufacturers, remanufacturers, retrofitters, distributors, importers or wholesalers.

19 NYCRR 224.2 - Definitions

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19 NYCRR 224.3 - Durable juvenile product manufacturers; responsibilities

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(a)Owner safety card.

No manufacturer of durable juvenile products shall introduce for sale or distribution a juvenile product without a product owner safety card, as 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, Public Law No. 110-314 and the rules promulgated therein. Manufacturers of durable juvenile products responsible for the product owner safety card shall also include a statement of confidentiality that ensures that the contact information on the returned card will not be used for any other purpose and shall be stored in a manner suitable to preserving the remitting consumer's confidentiality. No manufacture of durable juvenile products shall require the return of the product owner safety card.

(b)Disclosure form.

(1)The department shall prescribe a form requiring manufacturers of durable juvenile products that are distributed, sold or made available in the State to report at a minimum the following:

(i)current contact information for the durable juvenile products manufacturer;

(ii)information identifying the types and variety of durable juvenile products sold or offered in the State; and

(iii)any other information deemed relevant by the department in order to satisfy the disclosure requirement in section 490-b of the General Business Law.

Such form shall be made available in an electronic format and in any other format as prescribed by the department.

(c)Reporting and recordkeeping.

(1)Manufacturers of durable juvenile products shall complete and file the disclosure form with the department biennially, unless any of the information provided in the biennial disclosure has changed. If any information provided during the biennial period changes, the disclosure form shall be amended and filed with the department within 30 days of the occurrence of such change.

(2)All filings shall be transmitted via mail to the Department of State, P.O. Box 22001; Albany, NY 12201-2001.

(3)Manufacturers of durable juvenile products responsible for receiving any returned product safety owner cards shall maintain the contact information received from a returned consumer product safety owner card for a period of six years.

19 NYCRR 224.4 - Commercial dealers; responsibilities

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19 NYCRR 224.5 - Retailers; responsibilities

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Retailers' responsibilities are included in this section. This section does not apply to persons who purchase a product for personal use but later sell it.

(a)A retailer shall not take delivery of, nor introduce for sale, any children's product or durable juvenile product that does not have an appropriate label in accordance with this Part.

(b)No retailer shall obscure, in part or in full, any label required under this Part.

(c)Upon knowledge of a commercial dealer, or a State or Federal agency’s issuance of a recall or warning regarding a children’s product or a durable juvenile product, a retailer who has sold or is offering such product for sale shall:

(1)within one business day of knowledge of the recall notice initiate a corrective undertaking which includes:

(i)removing the defective children’s product or durable juvenile product from the store shelves; and

(ii)taking steps to ensure that such defective product is not sold or otherwise made available, including but not limited to implementing a mechanism or procedure to prevent a recalled product from being purchased at the point of sale.

(2)within one business day of knowledge of either a recall or warning notice:

(i)post the recall or warning notice conspicuously for at least 60 days at all of the retailer’s locations where such item had been or was being sold. Recall and warning notices shall include in a clear and conspicuous fashion a description of the product, the reason for the recall or warning, a picture of the product if available, and instructions on how to return or exchange the recalled product. Conspicuous recall and warning posting shall include notices that are:

(a)placed by the retailer onto a sign that is:

(1)affixed to each cash register or point of sale;

(2)posted at each store entrance used by the public;

(3)prominently posted at the customer service area; or

(4)affixed on the retail shelf planogram where the product was or would be sold.

(b)offered in electronic format in a retail store, if the retailer:

(1)posts an electronic recall and warning availability sign at each store entrance utilized by the public, and prominently at the customer service area. The sign shall disclose where the electronic recall and warning notices may be found in the retail store and where the consumer can access assistance to obtain electronic recall and warning notices;

(2)utilizes an electronic device that is accessible to persons with physical disabilities;

(3)provides direct customer assistance for consumers whom need assistance operating such electronic device; and

(4)provides for an alternative for consumers to access such information in the event such electronic device is inoperable.

(ii)post a link to the specific recall or warning information on the home page or first point of entry to the retailer’s website for at least 60 days, if a website is maintained. Such recall or warning information may only include a photograph or detailed rendering of the product and the product recall or warning information.

(3)when contact information was provided by the consumer to the retailer at the time of purchase and remains available at the time of the receipt of the recall or warning notice, the retailer shall contact the initial consumer to provide the recall or warning information.

The recall or warning information shall include:

(i)a description of the product;

(ii)the reason for the recall or warning; and

(iii)instructions on how to exchange, return for a refund or otherwise respond to the children’s product involved in the recall or warning.

The notice shall include only the product recall or warning information and any pertinent return exchange policies. The notice may not include any sales or marketing information for any product or service.

19 NYCRR 224.6 - Non-retail sales; responsibilities

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Non-retail sales includes sales conducted by secondhand dealers and any person that acts as an operator or 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.

(a)Conspicuous internet resale notice.

A person that operates or manages 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:

(1)Post clear and obvious advisory language in a distinct type style on:

(i)the website’s first webpage and point of entry; or

(ii)the first webpage or point of entry for a seller, a bidder or a purchaser of children’s products or durable juvenile products.

(2)The first webpage or point of entry for a seller, bidder or purchaser shall include an operational hyperlink to the list of recalls maintained by the United States Consumer Product Safety Commission. The operational hyperlink shall be:

(i)made available in a color that is a high degree of contrast from the color of the background of the webpage; and

(ii)provided in advance of any sale, bid or purchase information being transmitted by the seller, bidder or purchaser.

(b)Prominent secondhand dealer notice.

A secondhand dealer who sells children’s products or durable juvenile products shall prominently post a notice instructing consumers on how to obtain recall information, and the importance of checking recall information before purchasing secondhand children's products or durable juvenile products.

(1)The department shall prescribe the notice required to be posted by a secondhand dealer.

(2)The department shall make such notice available in an electronic format, or any other format prescribed by the department.

(3)For purposes of this subsection,

prominently post shall mean:

(i)affixed at the register or point of sale;

(ii)at a location that is in plain and unobstructed view of the register or point of sale; or

(iii)at the entrance or entrances of the premises used by the public.

19 NYCRR 224.7 - Violations; penalties; enforcement

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(a)Violations:

(1)failure to comply with any provision of this Part;

(2)allow a violation through omission of any provision of this Part;

(3)refuse to allow department investigators to inspect premises;

(4)fail to respond to a request or a subpoena from the department.

(b)Penalties.

For each violation, the department shall impose a penalty of no greater than $5,000. Upon the occasion of a second violation or subsequent violations of this Part, the department shall impose a penalty of no greater than $50,000.

(c)Enforcement.

(1)Administrative hearing. The administrative hearing shall be conducted in accordance with article 3 of the State Administrative Procedure Act ("SAPA") and 19 NYCRR Part 400. The department shall, before imposing any fine pursuant to this Part and/or article 28-E of the General Business Law, and at least 10 days prior to the date set for the hearing, notify in writing the person or entity alleged to be in violation with a statement of charges made and shall afford such person or entity an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally, or by mailing same be certified mail to the last known business address of such person or entity or by any method authorized by the Civil Practice Law and Rules. The hearing on such charges shall be at such time and place as the Department shall prescribe.

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