§ 490-E — Retailer responsibilities

§ 490-e. Retailer responsibilities. 1. A retailer shall not sell,\nlease or otherwise make available a children's product or durable\njuvenile product that does not contain an appropriate label as provided\nunder section four hundred ninety-c of this article.\n 2. When a retailer has knowledge of a commercial dealer or a federal\nor state agency's notice of a recall or warning regarding a children's\nproduct or durable juvenile product, and if the retailer currently\noffers for sale or otherwise makes available or had offered for sale or\notherwise made available such product, the retailer shall do the\nfollowing:\n (a) Within one business day of knowledge of a recall notice, initiate\na corrective undertaking that includes (i) removing the children's\nproduct or durable juvenile product from the store shelves and (ii)\ntaking steps to ensure that such product is not sold or made available,\nincluding, but not limited to implementing a mechanism or procedure\nwhich will prevent a recalled product or products from being purchased\nat a point of sale.\n (b) Within one business day of knowledge of either a notice of a\nrecall or a warning:\n (i) post recall and warning notices conspicuously at the retailer's\nlocations for a period of at least sixty days; and\n (ii) if the retailer maintains a website, post on the home page (or\nthe first entry point) for a period of sixty days a link to recall or\nwarning information that contains the specific recall or warning notice\nthat was issued for the product. The information may include only a\nphotograph or detailed rendering of the product and the product recall\nor warning information and may not include sales or marketing\ninformation.\n (c) Upon knowledge of a recall or warning notice, when contact\ninformation was provided at the time of purchase and remains available\nat the time of receipt of the recall or warning notice the retailer\nshall contact the initial consumer of a durable juvenile product to\nprovide the recall or warning information. The recall or warning\ninformation must include a description of the product, the reason for\nthe recall or warning, and instructions on how to exchange, return for a\nrefund or otherwise respond to the children's product involved in the\nrecall or warning. Such notice shall include only the product recall or\nwarning information and may not include sales or marketing information\non that product or any other product, other than the pertinent return\nand exchange policies.\n