2013 New York Consolidated Laws
GBS - General Business
Article 28-E - (490 - 490-H) CHILDREN'S PRODUCT SAFETY AND RECALL EFFECTIVENESS ACT OF 2008
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 and initiate the following process within twenty-four  hours  of
  issuing  or  receiving  the  recall or warning from the consumer product
  safety commission:
    (a) Contact in writing any persons to whom it sold or  otherwise  made
  available that particular children's product or durable juvenile product
  in  this  state  and  inform  them  of the recall or warning. The recall
  notice shall direct all such persons to stop the sale or distribution of
  the recalled product and provide directions on the disposition  of  such
  product;
    (b)  If  the  commercial  dealer maintains a website, such dealer must
  place on the home page (or the first entry point) of its website a  link
  to  recall  or  warning  information  that  contains the specific recall
  notice or warning that was issued for the product in question;
    (c) Give notice of the recall  or  warning  directly  to  the  initial
  consumer, if contact information for such consumer is known; and
    (d) Provide notification to the department of such recall or warning.
  All  notices  under  this  subdivision  must  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.  Such
  notice  shall include only the product recall or warning information and
  may not include sales or marketing information on that  product  or  any
  other product, excluding return and exchange policies.
    2.  (a)  When  a  commercial  dealer of children's products or durable
  juvenile products has sold or otherwise made available in this  state  a
  children's  product  or  durable juvenile product for which a recall has
  been issued, and such commercial dealer receives such products back from
  purchaser, the commercial dealer shall  take  actions,  consistent  with
  commonly   accepted  industry  practices  and  with  state  and  federal
  environmental standards, to ensure that no person shall use the recalled
  product unless and until the defect or other basis for  the  recall  has
  been corrected on such recalled product.
    (b)   The   commercial   dealer   shall   provide  to  the  department
  certification of disposition for such recalled  products  within  ninety
  days  after  the issuance of the recall, unless upon written application
  by such dealer  the  department  determines  an  extension  of  time  is
  warranted.