2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-A - Definitions.

§  490-a. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "Department" means the department of state.
2. "Children's product" shall mean a toy or other article, other  than
clothing,  primarily  intended  for use by a child under twelve years of
age. The following shall be considered in  determining  if  the  toy  or
article is intended for a child under twelve years of age:
(a)  A  statement by a manufacturer about the intended use of such toy
or article, including a label on such toy or article;
(b)  The  context  and  manner  of  the  advertising,  promotion,  and
marketing associated with the toy or article; and
(c)  Whether the toy or article is commonly recognized by consumers as
being intended for use by a child under twelve years of age.
3. "Commercial dealer" means any person who  is  in  the  business  of
manufacturing,  remanufacturing,  retrofitting, distributing, importing,
or selling at wholesale children's products  in  New  York  state.  This
definition shall not be construed to include retailers.
4. "Secretary" means the secretary of state.
5.  "Initial  consumer"  means  a  person  who  purchases a children's
product or durable juvenile product for any purpose other than resale.
6. "Secondhand dealer" means a person who sells as a primary source of
income reconditioned, remanufactured, refurbished, previously owned,  or
consignment  items.  Such term shall not include the initial consumer or
someone who purchases a children's product or durable  juvenile  product
primarily for personal use but who subsequently sells the product.
7. "Durable juvenile product" means products intended for use, or that
may be reasonably expected to be used, by children under the age of five
years  as  defined in subsection (f) of section 104 of the United States
Consumer Product Safety Improvement Act of 2008, Pub. L. No. 110-314  or
other  similar durable juvenile products designed for children under age
five as shall be specified in  regulations  promulgated  by  the  United
States consumer product safety commission.
8.  "Person"  means a natural person and any entity, including but not
limited  to  a  sole  proprietorship,  partnership,  firm,  corporation,
limited  liability  company,  or  association, and any employee or agent
thereof.
9. "Product safety owner's card" means  a  postage  paid  registration
form  that  (a)  requests  the  initial  consumer  to provide prescribed
information to the  manufacturer,  and  (b)  requires  the  manufacturer
provide certain prescribed information to the initial consumer. All such
information  shall  be  prescribed by the United States consumer product
safety commission, pursuant to subsection (d)  of  section  104  of  the
United  States  Consumer Product Safety Improvement Act of 2008, Pub. L.
No.  110-314 and the United States consumer  product  safety  commission
rules promulgated in accordance with such act.
10.  "Recall"  means a request to return a product to the manufacturer
due to a defect in the product.
11. "Retailer" means any  person  who  as  a  business  or  for-profit
venture sells or leases children's products or durable juvenile products
for-profit in New York to initial consumers. Such term shall not include
(a)  someone  who purchased or acquired a product primarily for personal
use and who subsequently resells the  product,  or  (b)  any  secondhand
dealer, as defined in this section.
12.  "Knowledge"  means  (a)  the  receipt  of notice or having actual
knowledge or (b) the presumed having of knowledge deemed to be possessed
by  a  reasonable  person  who  acts  in  the  circumstances,  including
knowledge obtainable upon the exercise of due care.