N.Y. Comp. Codes R. & Regs. tit. 19 § 224.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 224.4

Renumbered from 4607.4 of title 21 New York State Register May 2, 2018/Volume XL, Issue 18, eff. 5/2/2018