N.Y. Comp. Codes R. & Regs. Tit. 19 § 224.4 - Commercial dealers; responsibilities
(a) Labeling of products. Products for sale
or distribution in New York must be labeled in accordance with label
requirements as prescribed by
15 USC
2063 and the United States Consumer Product
Safety Commission rules promulgated in accordance with the United States
Consumer Product Safety Improvement Act of 2008. No commercial dealer or agent
shall introduce for sale or distribution in New York a durable juvenile product
or children's product without such label. No commercial dealer or agent shall
obscure or allow such label to be obscured.
(b) Defective children's or durable juvenile
products recalls and warnings; requirements. Upon notice of, or reason to
believe that, a product previously introduced into the market is defective and
a recall or warning has been issued due to such defect then a commercial dealer
shall, within 24 hours of issuing or receiving a recall or warning notification
from the Consumer Product Safety Commission:
(1) Contact in writing all known retailers,
and any other distributing entity within the commercial dealer's distribution
pool, to which it sold or otherwise made available such defective product. The
writing shall direct all such entities to stop the sale or distribution of the
recalled product and provide directions on the disposition of such
product.
(2) If a dealer maintains
a website, the dealer shall place on its website home page or first point of
entry a link to the recall or warning information. This link shall contain
specific recall and warning notification information.
(3) Contact all consumers who returned the
product owner's safety card or otherwise provided the dealer with their contact
information, and provide the consumers with specific recall and warning
information.
(4) File an incident
form, prescribed by the department, and a copy of the recall notice or warning
issued or distributed; and send such filings to the Department of State via:
(i) email to product.safety@dos.ny.gov;
or
(ii) mail to the Department of
State, P.O. Box 22001, Albany, NY 12201-2001.
(c) Disposition of defective children's or
durable juvenile products; requirements. When a commercial dealer has sold or
otherwise introduced into the market a recalled children's or durable juvenile
product, and the dealer receives the recalled product back from the consumer,
the dealer shall:
(1) Dispose of the recalled
product in a manner that is compliant with State and Federal environmental
standards, and precludes the product from being re-entered into the
marketplace, unless the defect prompting the recall has been
remediated.
(2) File a certificate
of disposition form, prescribed by the department, of recalled products within
90 days.
(3) Request extensions for
filing certificate of disposition, in writing to the department, at least 10
days prior to 90-day deadline.
(4)
Send filings and requests for extension to the New York State Department of
State via email to product.safety@dos.ny.gov; or mail to P.O. Box 22001,
Albany, NY 12201-2001.
Notes
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