N.Y. Comp. Codes R. & Regs. tit. 19 § 224.6

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

Section 224.6 - Non-retail sales; responsibilities

Non-retail sales includes sales conducted by secondhand dealers and any person that acts as an operator or operator or manager of a website that serves as a platform to facilitate by a competitive bidding process, or solely between third parties, the resale, sale or distribution of children's products or durable juvenile products.

(a) Conspicuous internet resale notice. A person that operates or manages a website that serves as a platform to facilitate by a competitive bidding process, or solely between third parties, the resale, sale or distribution of children's products or durable juvenile products shall:

(1) Post clear and obvious advisory language in a distinct type style on:

(i) the website's first webpage and point of entry; or

(ii) the first webpage or point of entry for a seller, a bidder or a purchaser of children's products or durable juvenile products.

(2) The first webpage or point of entry for a seller, bidder or purchaser shall include an operational hyperlink to the list of recalls maintained by the United States Consumer Product Safety Commission. The operational hyperlink shall be:

(i) made available in a color that is a high degree of contrast from the color of the background of the webpage; and

(ii) provided in advance of any sale, bid or purchase information being transmitted by the seller, bidder or purchaser.

(b) Prominent secondhand dealer notice. A secondhand dealer who sells children's products or durable juvenile products shall prominently post a notice instructing consumers on how to obtain recall information, and the importance of checking recall information before purchasing secondhand children's products or durable juvenile products.

(1) The department shall prescribe the notice required to be posted by a secondhand dealer.

(2) The department shall make such notice available in an electronic format, or any other format prescribed by the department.

(3) For purposes of this subsection, prominently post shall mean:

(i) affixed at the register or point of sale;

(ii) at a location that is in plain and unobstructed view of the register or point of sale; or

(iii) at the entrance or entrances of the premises used by the public.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 224.6

Renumbered from 4607.6 of title 21 New York State Register May 2, 2018/Volume XL, Issue 18, eff. 5/2/2018