2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-K - Hazardous Toys and Other Articles Primarily for Use by Children; Prohibition and Enforcement.

* §  396-k.  Hazardous  toys and other articles intended primarily for
use by children;  prohibition  and  enforcement.  1.  No  person,  firm,
corporation,  association  or  agent  or  employee thereof shall import,
manufacture, sell, hold for sale or distribute a toy  or  other  article
intended  for use by a child which presents an electrical, mechanical or
thermal  hazard.  The  following  definitions  are  applicable  to  this
section:
(a) "Child" means any person less than fourteen years of age;
(b) A toy or other article presents an electrical hazard if, in normal
use  or  when  subjected  to reasonably foreseeable damage or abuse, its
design or manufacture may cause personal injury or illness by electrical
shock or electrocution;
(c) A toy or other article presents a mechanical hazard if, in  normal
use  or  when  subjected  to reasonably foreseeable damage or abuse, its
design or manufacture presents an unreasonable risk of  personal  injury
or illness:
(1) from fracture, fragmentation or disassembly of the article;
(2) from propulsion of the article or any part or accessory thereof;
(3)  from  points  or  other protrusions, surfaces, edges, openings or
closures;
(4) from moving parts;
(5) from lack or insufficiency of controls to reduce or stop motion;
(6) as a result of self-adhering characteristics of the article;
(7) because the article or  any  part  or  accessory  thereof  may  be
aspirated or ingested;
(8) because of instability;
(9)  from  stuffing material which is not free of dangerous or harmful
substances; or
(10)  because  of  any  other  aspect  of  the  article's  design   or
manufacture.
(d) A toy or other article presents a thermal hazard if, in normal use
or  when subjected to reasonably foreseeable damage or abuse, its design
or manufacture presents an  unreasonable  risk  to  personal  injury  or
illness because of heat as from heated parts, substances or surfaces.
2.   Whenever   the  attorney  general  shall  believe  from  evidence
satisfactory to him that any person, firm, corporation or association or
agent or employee thereof has violated any provision of this section, he
may bring an action in the supreme court of the state of New York for  a
judgment  enjoining  the  continuance  of such violation and for a civil
penalty of not more than one thousand dollars for each violation, except
that the court may impose a civil penalty of not more than four thousand
dollars if the violation is knowing and willful. If it shall  appear  to
the satisfaction of the court or justice that the defendant has violated
any  provision  of  this  section,  no  proof shall be required that any
person has been injured thereby nor  that  the  defendant  knowingly  or
intentionally violated such provision. In such action preliminary relief
may  be  granted under article sixty-three of the civil practice law and
rules.
3. Before any violation of this section is sought to be enjoined,  the
attorney  general shall be required to give the person against whom such
proceeding is contemplated notice by certified mail and  an  opportunity
to show in writing within five business days after receipt of notice why
proceedings  should  not  be instituted against him, unless the attorney
general shall find, in any case in which he  seeks  preliminary  relief,
that to give such notice and opportunity is not in the public interest.
4.  In  any such action it shall be a complete defense that the toy or
other article sought to be enjoined either complies with, or  is  exempt
under,  the  federal  "Child  Protection and Toy Safety Act of 1969", as

amended, or the federal "Consumer Product Safety Act",  as  amended,  or
any  regulation  or  exemption promulgated under either act or any other
applicable federal law. In the case of children's sleepware, it shall be
a  complete defense that the article sought to be enjoined complies with
any enforcement policy  formally  issued  by  a  federal  agency  having
enforcement authority with respect thereto.
5.  In  connection  with  any  such proposed application, the attorney
general is authorized to take  proof,  issue  subpoenas  and  administer
oaths in the manner provided in the civil practice law and rules.
6. If any provisions of this chapter or the application thereof to any
person  or circumstances is held unconstitutional, such invalidity shall
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and  to  this
end the provisions of this chapter are severable.
* NB There are 2 § 396-k's