N.Y. General Business Law § 391-b: Prohibit any sale of dangerous clothing articles

§ 391-b. Prohibit any sale of dangerous clothing articles. 1. For the

purposes of this section, the following terms shall have the following

meanings:

(a) "drawstring" shall mean a non-retractable cord, string, ribbon,

bungee, or tape of any material inserted into a channel of the garment

to pull together parts of an article of clothing for the purpose of

controlling closure or fullness;

(b) "tie" shall mean a cord, string, ribbon, bungee, or tape of any

material used for fastening or uniting or decoration and not capable of

controlling fullness;

(c) "hood" shall mean a loose, pliable covering for the head, either

detachable from or permanently attached to the upper garment;

(d) "neck opening" shall mean the opening defined by the seam between

the body of the upper garment and the collar or hood;

(e) "toggle" shall mean the wooden, plastic, metal, or otherwise

composed piece attached to the loose end of the drawstring for

decorative purposes or to prevent the drawstring's being drawn through

its channel;

(f) "aglet" shall mean any tube-shaped material used to bind the end

of a drawstring to prevent fraying.

2. No person, firm, partnership, association or corporation shall sell

any clothing from children's size two-T up to children's size sixteen,

inclusive, that includes a drawstring at the bottom opening of an upper

garment or a drawstring at the waist unless the end of the drawstring at

the bottom opening of an upper garment or the drawstring at the waist

measures no more than three inches from where the string extends out of

the garment, when such garment is expanded to its fullest width and the

drawstring is attached to the garment at its midpoint. Drawstrings shall

not have toggles, knots, or any attachments at the free ends. For the

purposes of this subdivision, a tie shall not be construed as a

drawstring, nor shall an aglet be construed as a toggle.

3. No person, firm, partnership, association or corporation shall sell

any clothing for children up to and including children's size twelve

that includes a hood drawstring or a neck opening drawstring. For the

purposes of this subdivision, a tie shall not be construed as a

drawstring.

4. Nothing in this section shall be construed to supersede any

provision of section three hundred ninety-six-k of this article, as

added by chapter seven hundred fifty-four of the laws of nineteen

hundred seventy-three.

5. Whenever there shall be a violation of this section, an application

may be made by the attorney general in the name of the people of the

state of New York, to a court or justice having jurisdiction by a

special proceeding to issue an injunction, and upon notice to the

defendant of not less than five days, to enjoin and restrain the

continuance of such violation; and if it shall appear to the

satisfaction of the court or justice that the defendant has, in fact,

violated this section, an injunction may be issued by the court or

justice, enjoining and restraining any further violations, without

requiring proof that any person has, in fact, been injured or damaged

thereby. In any such proceeding, the court may make allowances to the

attorney general as provided in paragraph six of subdivision (a) of

section eighty-three hundred three of the civil practice law and rules,

and direct restitution. Whenever the court shall determine that a

violation of this section has occurred, the court may impose a civil

penalty of not more than one thousand dollars. In connection with any

such proposed application, the attorney general is authorized to take

proof and make a determination of the relevant facts and to issue

subpoenas in accordance with the civil practice law and rules.