2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-K - Hazardous toys and other articles primarily for use by children; prohibition and enforcement.

 
    * §  396-k.  Hazardous  toys and other articles intended primarily for
  use by children;  prohibition  and  enforcement.  1.  No  person,  firm,
  corporation,  association  or  agent  or  employee thereof shall import,
  manufacture, sell, hold for sale or distribute a toy  or  other  article
  intended  for use by a child which presents an electrical, mechanical or
  thermal  hazard.  The  following  definitions  are  applicable  to  this
  section:
    (a) "Child" means any person less than fourteen years of age;
    (b) A toy or other article presents an electrical hazard if, in normal
  use  or  when  subjected  to reasonably foreseeable damage or abuse, its
  design or manufacture may cause personal injury or illness by electrical
  shock or electrocution;
    (c) A toy or other article presents a mechanical hazard if, in  normal
  use  or  when  subjected  to reasonably foreseeable damage or abuse, its
  design or manufacture presents an unreasonable risk of  personal  injury
  or illness:
    (1) from fracture, fragmentation or disassembly of the article;
    (2) from propulsion of the article or any part or accessory thereof;
    (3)  from  points  or  other protrusions, surfaces, edges, openings or
  closures;
    (4) from moving parts;
    (5) from lack or insufficiency of controls to reduce or stop motion;
    (6) as a result of self-adhering characteristics of the article;
    (7) because the article or  any  part  or  accessory  thereof  may  be
  aspirated or ingested;
    (8) because of instability;
    (9)  from  stuffing material which is not free of dangerous or harmful
  substances; or
    (10)  because  of  any  other  aspect  of  the  article's  design   or
  manufacture.
    (d) A toy or other article presents a thermal hazard if, in normal use
  or  when subjected to reasonably foreseeable damage or abuse, its design
  or manufacture presents an  unreasonable  risk  to  personal  injury  or
  illness because of heat as from heated parts, substances or surfaces.
    2.   Whenever   the  attorney  general  shall  believe  from  evidence
  satisfactory to him that any person, firm, corporation or association or
  agent or employee thereof has violated any provision of this section, he
  may bring an action in the supreme court of the state of New York for  a
  judgment  enjoining  the  continuance  of such violation and for a civil
  penalty of not more than one thousand dollars for each violation, except
  that the court may impose a civil penalty of not more than four thousand
  dollars if the violation is knowing and willful. If it shall  appear  to
  the satisfaction of the court or justice that the defendant has violated
  any  provision  of  this  section,  no  proof shall be required that any
  person has been injured thereby nor  that  the  defendant  knowingly  or
  intentionally violated such provision. In such action preliminary relief
  may  be  granted under article sixty-three of the civil practice law and
  rules.
    3. Before any violation of this section is sought to be enjoined,  the
  attorney  general shall be required to give the person against whom such
  proceeding is contemplated notice by certified mail and  an  opportunity
  to show in writing within five business days after receipt of notice why
  proceedings  should  not  be instituted against him, unless the attorney
  general shall find, in any case in which he  seeks  preliminary  relief,
  that to give such notice and opportunity is not in the public interest.
    4.  In  any such action it shall be a complete defense that the toy or
  other article sought to be enjoined either complies with, or  is  exempt
  under,  the  federal  "Child  Protection and Toy Safety Act of 1969", as

  amended, or the federal "Consumer Product Safety Act",  as  amended,  or
  any  regulation  or  exemption promulgated under either act or any other
  applicable federal law. In the case of children's sleepware, it shall be
  a  complete defense that the article sought to be enjoined complies with
  any enforcement policy  formally  issued  by  a  federal  agency  having
  enforcement authority with respect thereto.
    5.  In  connection  with  any  such proposed application, the attorney
  general is authorized to take  proof,  issue  subpoenas  and  administer
  oaths in the manner provided in the civil practice law and rules.
    6. If any provisions of this chapter or the application thereof to any
  person  or circumstances is held unconstitutional, such invalidity shall
  not affect other provisions or applications of this chapter which can be
  given effect without the invalid provision or application, and  to  this
  end the provisions of this chapter are severable.
    * NB There are 2 § 396-k's