§ 391-B — Prohibit any sale of dangerous clothing articles

§ 391-b. Prohibit any sale of dangerous clothing articles. 1. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n (a) "drawstring" shall mean a non-retractable cord, string, ribbon,\nbungee, or tape of any material inserted into a channel of the garment\nto pull together parts of an article of clothing for the purpose of\ncontrolling closure or fullness;\n (b) "tie" shall mean a cord, string, ribbon, bungee, or tape of any\nmaterial used for fastening or uniting or decoration and not capable of\ncontrolling fullness;\n (c) "hood" shall mean a loose, pliable covering for the head, either\ndetachable from or permanently attached to the upper garment;\n (d) "neck opening" shall mean the opening defined by the seam between\nthe body of the upper garment and the collar or hood;\n (e) "toggle" shall mean the wooden, plastic, metal, or otherwise\ncomposed piece attached to the loose end of the drawstring for\ndecorative purposes or to prevent the drawstring's being drawn through\nits channel;\n (f) "aglet" shall mean any tube-shaped material used to bind the end\nof a drawstring to prevent fraying.\n 2. No person, firm, partnership, association or corporation shall sell\nany clothing from children's size two-T up to children's size sixteen,\ninclusive, that includes a drawstring at the bottom opening of an upper\ngarment or a drawstring at the waist unless the end of the drawstring at\nthe bottom opening of an upper garment or the drawstring at the waist\nmeasures no more than three inches from where the string extends out of\nthe garment, when such garment is expanded to its fullest width and the\ndrawstring is attached to the garment at its midpoint. Drawstrings shall\nnot have toggles, knots, or any attachments at the free ends. For the\npurposes of this subdivision, a tie shall not be construed as a\ndrawstring, nor shall an aglet be construed as a toggle.\n 3. No person, firm, partnership, association or corporation shall sell\nany clothing for children up to and including children's size twelve\nthat includes a hood drawstring or a neck opening drawstring. For the\npurposes of this subdivision, a tie shall not be construed as a\ndrawstring.\n 4. Nothing in this section shall be construed to supersede any\nprovision of section three hundred ninety-six-k of this article, as\nadded by chapter seven hundred fifty-four of the laws of nineteen\nhundred seventy-three.\n 5. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York, to a court or justice having jurisdiction by a\nspecial proceeding to issue an injunction, and upon notice to the\ndefendant of not less than five days, to enjoin and restrain the\ncontinuance of such violation; and if it shall appear to the\nsatisfaction of the court or justice that the defendant has, in fact,\nviolated this section, an injunction may be issued by the court or\njustice, enjoining and restraining any further violations, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of this section has occurred, the court may impose a civil\npenalty of not more than one thousand dollars. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n