N.Y. Comp. Codes R. & Regs. tit. 19 § 224.5

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

Section 224.5 - Retailers; responsibilities

Retailers' responsibilities are included in this section. This section does not apply to persons who purchase a product for personal use but later sell it.

(a) A retailer shall not take delivery of, nor introduce for sale, any children's product or durable juvenile product that does not have an appropriate label in accordance with this Part.

(b) No retailer shall obscure, in part or in full, any label required under this Part.

(c) Upon knowledge of a commercial dealer, or a State or Federal agency's issuance of a recall or warning regarding a children's product or a durable juvenile product, a retailer who has sold or is offering such product for sale shall:

(1) within one business day of knowledge of the recall notice initiate a corrective undertaking which includes:

(i) removing the defective children's product or durable juvenile product from the store shelves; and

(ii) taking steps to ensure that such defective product is not sold or otherwise made available, including but not limited to implementing a mechanism or procedure to prevent a recalled product from being purchased at the point of sale.

(2) within one business day of knowledge of either a recall or warning notice:

(i) post the recall or warning notice conspicuously for at least 60 days at all of the retailer's locations where such item had been or was being sold. Recall and warning notices shall include in a clear and conspicuous fashion a description of the product, the reason for the recall or warning, a picture of the product if available, and instructions on how to return or exchange the recalled product. Conspicuous recall and warning posting shall include notices that are:

(a) placed by the retailer onto a sign that is:

(1) affixed to each cash register or point of sale;

(2) posted at each store entrance used by the public;

(3) prominently posted at the customer service area; or

(4) affixed on the retail shelf planogram where the product was or would be sold.

(b) offered in electronic format in a retail store, if the retailer:

(1) posts an electronic recall and warning availability sign at each store entrance utilized by the public, and prominently at the customer service area. The sign shall disclose where the electronic recall and warning notices may be found in the retail store and where the consumer can access assistance to obtain electronic recall and warning notices;

(2) utilizes an electronic device that is accessible to persons with physical disabilities;

(3) provides direct customer assistance for consumers whom need assistance operating such electronic device; and

(4) provides for an alternative for consumers to access such information in the event such electronic device is inoperable.

(ii) post a link to the specific recall or warning information on the home page or first point of entry to the retailer's website for at least 60 days, if a website is maintained. Such recall or warning information may only include a photograph or detailed rendering of the product and the product recall or warning information.

(3) when contact information was provided by the consumer to the retailer at the time of purchase and remains available at the time of the receipt of the recall or warning notice, the retailer shall contact the initial consumer to provide the recall or warning information. The recall or warning information shall include:

(i) a description of the product;

(ii) the reason for the recall or warning; and

(iii) instructions on how to exchange, return for a refund or otherwise respond to the children's product involved in the recall or warning.

The notice shall include only the product recall or warning information and any pertinent return exchange policies. The notice may not include any sales or marketing information for any product or service.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 224.5

Renumbered from 4607.5 of title 21 New York State Register May 2, 2018/Volume XL, Issue 18, eff. 5/2/2018