490-e. Retailer responsibilities. 1. A retailer shall not sell, lease or otherwise make available a children's product or durable juvenile product that does not contain an appropriate label as provided under section four hundred ninety-c of this article.
2. When a retailer has knowledge of a commercial dealer or a federal or state agency's notice of a recall or warning regarding a children's product or durable juvenile product, and if the retailer currently offers for sale or otherwise makes available or had offered for sale or otherwise made available such product, the retailer shall do the following:
(a) Within one business day of knowledge of a recall notice, initiate a corrective undertaking that includes (i) removing the children's product or durable juvenile product from the store shelves and (ii) taking steps to ensure that such product is not sold or made available, including, but not limited to implementing a mechanism or procedure which will prevent a recalled product or products from being purchased at a point of sale.
(b) Within one business day of knowledge of either a notice of a recall or a warning:
(i) post recall and warning notices conspicuously at the retailer's locations for a period of at least sixty days; and
(ii) if the retailer maintains a website, post on the home page (or the first entry point) for a period of sixty days a link to recall or warning information that contains the specific recall or warning notice that was issued for the product. The information may include only a photograph or detailed rendering of the product and the product recall or warning information and may not include sales or marketing information.
(c) Upon knowledge of a recall or warning notice, when contact information was provided at the time of purchase and remains available at the time of receipt of the recall or warning notice the retailer shall contact the initial consumer of a durable juvenile product to provide the recall or warning information. The recall or warning information must include a description of the product, the reason for the recall or warning, and instructions on how to exchange, return for a refund or otherwise respond to the children's product involved in the recall or warning. 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, other than the pertinent return and exchange policies.
Last modified: February 3, 2019