§ 396-K — Hazardous toys and other articles intended primarily for use by children; prohibition and enforcement

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