§ 505 — Guaranty

New York § 505

• Jurisdiction: New York
• Law GBS: General Business
• Art. 29: Manufacture, Sale and Introduction or Movement In Commerce of Flammable Wearing Apparel, Fabrics, Related Material and Interior Furnishings Prohibited

Text

§ 505. Guaranty. 1. No person shall be subject to prosecution under\nsection five hundred one of this article if such person (1) establishes\na guaranty received in good faith signed by and containing the name and\naddress of the person residing in the United States by whom the product,\nfabric or related material guaranteed was manufactured or from whom it\nwas received, to the effect that reasonable and representative tests\nmade under the procedures provided in section five hundred two of this\narticle show that the product, fabric or related material covered by the\nguaranty, or used in the product, fabric or related material covered by\nthe guaranty, is not, under the provisions of section five hundred two\nof this article, so highly flammable as to be dangerous when worn or\nused by individuals, and (2) has not, by further processing, affected\nthe flammability of the product, fabric or related material covered by\nthe guaranty which he received. Such guaranty shall be either (a) a\nseparate guaranty specifically designating the product, fabric or\nrelated material guaranteed, in which case it may be on the invoice or\nother paper relating to such product, fabric or related material; or (b)\na continuing guaranty filed with the department or with the federal\ntrade commission applicable to any product, fabric or related material\nhandled by a guarantor, in such form as the department or the federal\ntrade commission by rules or regulations may prescribe; or (c) a\ncontinuing guaranty given by seller to buyer applicable to any product,\nfabric or related material sold or to be sold to buyer by seller in a\nform as the department or the federal trade commission by rules or\nregulations may prescribe.\n 2. The furnishing with respect to any product, fabric or related\nmaterial, of a false guaranty, except by a person relying upon a\nguaranty to the same effect received in good faith and signed by and\ncontaining the name and address of the person residing in the United\nStates by whom the product, fabric or related material guaranteed was\nmanufactured or from whom it was received, with reason to believe the\nproduct, fabric or related material falsely guaranteed may be\nintroduced, sold or transported in commerce, is unlawful.\n