For the purposes of this Part, the following terms shall have
the following meanings:
product means a toy or other article, other than clothing, primarily intended
for use by a child under 12 years of age. The following shall be considered in
determining if the toy or article is intended for a child under 12 years of
(1) a statement by a manufacturer about
the intended use of such toy or article, including a label on such toy or
(2) the context and manner
of the advertising, promotion, and marketing associated with the toy or
(3) whether the toy or
article is commonly recognized by consumers as being intended for use by a
child under 12 years of age.
(b) Commercial dealer means any person who is
in the business of manufacturing, remanufacturing, retrofitting, distributing,
importing, or selling at wholesale children's products in New York State. This
definition shall not be construed to include retailers.
(c) Defect or defective means a hazard or
imperfection that restricts the product from functioning according to design,
patent or advertised intended function. Such term shall not include packaging
or labeling imperfections.
Department means the New York State Department of State.
Durable juvenile product means products
intended for use, or that may be reasonably expected to be used, by children
under the age of five years as defined in subsection (f) of section 104 of the
United States Consumer Product Safety Improvement Act of 2008,
Pub. L. No.
or other similar durable juvenile products
designed for children under age five as shall be specified in regulations
promulgated by the United States consumer product safety commission.
(f) Initial consumer means a person who
purchases a children's product or durable juvenile product for any purpose
other than resale.
(1) the receipt of notice or having
actual knowledge; or
presumed having of knowledge deemed to be possessed by a reasonable person who
acts in the circumstances, including knowledge obtainable upon the exercise of
means a natural person and any entity, including but not limited to a sole
proprietorship, partnership, firm, corporation, limited liability company, or
association, and any employee or agent thereof.
Product safety owner's card means a
postage paid registration form that:
requests the initial consumer to provide prescribed information to the
manufacturer provide certain prescribed information to the initial consumer.
All such information shall be 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,
Pub. L. No.
and the United States consumer product
safety commission rules promulgated in accordance with such act.
(j) Recall means a request to
return a product to the manufacturer due to a defect in the product.
Retailer means any person who as a
business or for-profit venture sells or leases children's products or durable
juvenile products for-profit in New York to initial consumers. Such term shall
(1) someone who purchased or
acquired a product primarily for personal use and who subsequently resells the
(2) any secondhand
dealer, as defined in this section.
(l) Secondhand dealer means a person who
sells as a primary source of income reconditioned, remanufactured, refurbished,
previously owned, or consignment items. Such term shall not include the initial
consumer or someone who purchases a children's product or durable juvenile
product primarily for personal use but who subsequently sells the