2014 New York 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.
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