2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 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.