N.Y. General Business Law § 490-d: Product recall or warning requirements

§ 490-d. Product recall or warning requirements. 1. When a commercial

dealer of children's products or durable juvenile products has made

available or placed for sale in this state a children's product or

durable juvenile product for which a recall or warning has been issued,

the commercial dealer must discontinue distribution of any recalled

product and initiate the following process within twenty-four hours of

issuing or receiving the recall or warning from the consumer product

safety commission:

(a) Contact in writing any persons to whom it sold or otherwise made

available that particular children's product or durable juvenile product

in this state and inform them of the recall or warning. The recall

notice shall direct all such persons to stop the sale or distribution of

the recalled product and provide directions on the disposition of such

product;

(b) If the commercial dealer maintains a website, such dealer must

place on the home page (or the first entry point) of its website a link

to recall or warning information that contains the specific recall

notice or warning that was issued for the product in question;

(c) Give notice of the recall or warning directly to the initial

consumer, if contact information for such consumer is known; and

(d) Provide notification to the department of such recall or warning.

All notices under this subdivision must 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. 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, excluding return and exchange policies.

2. (a) When a commercial dealer of children's products or durable

juvenile products has sold or otherwise made available in this state a

children's product or durable juvenile product for which a recall has

been issued, and such commercial dealer receives such products back from

purchaser, the commercial dealer shall take actions, consistent with

commonly accepted industry practices and with state and federal

environmental standards, to ensure that no person shall use the recalled

product unless and until the defect or other basis for the recall has

been corrected on such recalled product.

(b) The commercial dealer shall provide to the department

certification of disposition for such recalled products within ninety

days after the issuance of the recall, unless upon written application

by such dealer the department determines an extension of time is

warranted.