490-a. Definitions. For the purposes of this article, the following terms shall have the following meanings:
1. "Department" means the department of state.
2. "Children's product" shall mean a toy or other article, other than clothing, primarily intended for use by a child under twelve years of age. The following shall be considered in determining if the toy or article is intended for a child under twelve years of age:
(a) A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article;
(b) The context and manner of the advertising, promotion, and marketing associated with the toy or article; and
(c) Whether the toy or article is commonly recognized by consumers as being intended for use by a child under twelve years of age.
3. "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.
4. "Secretary" means the secretary of state.
5. "Initial consumer" means a person who purchases a children's product or durable juvenile product for any purpose other than resale.
6. "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 product.
7. "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. 110-314 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.
8. "Person" 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.
9. "Product safety owner's card" means a postage paid registration form that (a) requests the initial consumer to provide prescribed information to the manufacturer, and (b) requires 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. 110-314 and the United States consumer product safety commission rules promulgated in accordance with such act.
10. "Recall" means a request to return a product to the manufacturer due to a defect in the product.
11. "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 not include (a) someone who purchased or acquired a product primarily for personal use and who subsequently resells the product, or (b) any secondhand dealer, as defined in this section.
12. "Knowledge" means (a) the receipt of notice or having actual knowledge or (b) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care.
Last modified: February 3, 2019