Children’s Product Safety and Recall Act - Effective January 31, 2013
Pursuant to Article 28-E of the NY General Business Law, the Department of State has the responsibility of enforcing the provisions of the Children’s Product Safety and Recall Effectiveness Act of 2008. Accordingly, effective January 31, 2013, all manufacturers of durable juvenile products that are distributed, sold or made available in New York must file a Notice of Disclosure with the Department of State.
A Durable Juvenile Product is defined as products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years as listed on the Department of State’s Durable Juvenile Product Manufacturer Application.
Listed below are other requirements that are included within the Children’s Product Safety and Recall Act for Durable Juvenile Product Manufacturers, Commercial Dealers and Retailers and Non-retailers:
- Owner Safety Cards – must be included with all sales to initial consumer of durable juvenile products
- Labeling of Products – children’s products must be labeled as prescribed by 15 USC 2063 and the United States Consumer Product Safety Commission rules
- Recall and Warning requirements (Within 24 hours of recall):
- Must file prescribed incident form with Department of State. This form can be found on Department of State’s website
- Contact in writing all known retailers with direction to stop the sales or distribution of the product and provide direction on disposition of products
- Dealer must post on website, if website available, specific recall and warning notification information
- Contact all consumers who returned product owner’s safety card and provide specific recall and warning information
- Disposition of Defective Children’s or Durable Juvenile Products requirements:
- File the prescribed certificate of disposition form with Department of State within 90 days of recall. This form can be found on Department of State’s website.
- Disposes of the recalled product in a manner that is consistent with state and federal environmental standards
Retailers Responsibilities include:
Non-Retail Sales Responsibilities:
- Ensure that children’s products and durable juvenile products include the appropriate labels
- Upon notification of a recall, the retailer must within one business day:
a. Remove defective products from the store shelves
b. Take steps to ensure that such defective product is not sold or otherwise made available including implementing a mechanism to prevent a recalled product from being purchased at the point of sale
c. Post 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
d. When consumer contact information is available to the retailer, they should contact the initial consumer to provide the recall or warning information.
- Conspicuous Internet Resale notice must be made available by any person that operates or manages a website that serves as a platform for the sale or distribution of children’s products or durable juvenile products
- Prominent secondhand dealer notice must be prominently posted by second hand dealers instructing consumer on how to obtain recall information.
The law book contains further information and details regarding the above and additional requirements.