§ 490-A — Definitions

§ 490-a. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Department" means the department of state.\n 2. "Children's product" shall mean a toy or other article, other than\nclothing, primarily intended for use by a child under twelve years of\nage. The following shall be considered in determining if the toy or\narticle is intended for a child under twelve years of age:\n (a) A statement by a manufacturer about the intended use of such toy\nor article, including a label on such toy or article;\n (b) The context and manner of the advertising, promotion, and\nmarketing associated with the toy or article; and\n (c) Whether the toy or article is commonly recognized by consumers as\nbeing intended for use by a child under twelve years of age.\n 3. "Commercial dealer" means any person who is in the business of\nmanufacturing, remanufacturing, retrofitting, distributing, importing,\nor selling at wholesale children's products in New York state. This\ndefinition shall not be construed to include retailers.\n 4. "Secretary" means the secretary of state.\n 5. "Initial consumer" means a person who purchases a children's\nproduct or durable juvenile product for any purpose other than resale.\n 6. "Secondhand dealer" means a person who sells as a primary source of\nincome reconditioned, remanufactured, refurbished, previously owned, or\nconsignment items. Such term shall not include the initial consumer or\nsomeone who purchases a children's product or durable juvenile product\nprimarily for personal use but who subsequently sells the product.\n 7. "Durable juvenile product" means products intended for use, or that\nmay be reasonably expected to be used, by children under the age of five\nyears as defined in subsection (f) of section 104 of the United States\nConsumer Product Safety Improvement Act of 2008, Pub. L. No. 110-314 or\nother similar durable juvenile products designed for children under age\nfive as shall be specified in regulations promulgated by the United\nStates consumer product safety commission.\n 8. "Person" means a natural person and any entity, including but not\nlimited to a sole proprietorship, partnership, firm, corporation,\nlimited liability company, or association, and any employee or agent\nthereof.\n 9. "Product safety owner's card" means a postage paid registration\nform that (a) requests the initial consumer to provide prescribed\ninformation to the manufacturer, and (b) requires the manufacturer\nprovide certain prescribed information to the initial consumer. All such\ninformation shall be prescribed by the United States consumer product\nsafety commission, pursuant to subsection (d) of section 104 of the\nUnited States Consumer Product Safety Improvement Act of 2008, Pub. L.\nNo. 110-314 and the United States consumer product safety commission\nrules promulgated in accordance with such act.\n 10. "Recall" means a request to return a product to the manufacturer\ndue to a defect in the product.\n 11. "Retailer" means any person who as a business or for-profit\nventure sells or leases children's products or durable juvenile products\nfor-profit in New York to initial consumers. Such term shall not include\n(a) someone who purchased or acquired a product primarily for personal\nuse and who subsequently resells the product, or (b) any secondhand\ndealer, as defined in this section.\n 12. "Knowledge" means (a) the receipt of notice or having actual\nknowledge or (b) the presumed having of knowledge deemed to be possessed\nby a reasonable person who acts in the circumstances, including\nknowledge obtainable upon the exercise of due care.\n