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-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 notice of a recall or warning regarding a children's
  product or durable juvenile  product,  and  if  the  retailer  currently
  offers  for sale or otherwise makes available or had offered for sale or
  otherwise made  available  such  product,  the  retailer  shall  do  the
  following:
    (a)  Within one business day of knowledge of a recall notice, initiate
  a corrective undertaking  that  includes  (i)  removing  the  children's
  product  or  durable  juvenile  product  from the store shelves and (ii)
  taking steps to ensure that such product is not sold or made  available,
  including,  but  not  limited  to  implementing a mechanism or procedure
  which will prevent a recalled product or products from  being  purchased
  at a point of sale.
    (b)  Within  one  business  day  of  knowledge of either a notice of a
  recall or a warning:
    (i) post recall and warning notices conspicuously  at  the  retailer's
  locations for a period of at least sixty days; and
    (ii)  if  the  retailer maintains a website, post on the home page (or
  the first entry point) for a period of sixty days a link  to  recall  or
  warning  information that contains the specific recall or warning notice
  that was issued for the product. The  information  may  include  only  a
  photograph  or  detailed rendering of the product and the product recall
  or  warning  information  and  may  not  include  sales   or   marketing
  information.
    (c)  Upon  knowledge  of  a  recall  or  warning  notice, when contact
  information was provided at the time of purchase and  remains  available
  at  the  time  of  receipt  of the recall or warning notice the retailer
  shall contact the initial consumer of  a  durable  juvenile  product  to
  provide  the  recall  or  warning  information.  The  recall  or warning
  information must include a description of the product,  the  reason  for
  the recall or warning, and instructions on how to exchange, return for a
  refund  or  otherwise  respond to the children's product involved in the
  recall or warning. 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, other than  the  pertinent  return
  and exchange policies.