Prohibits the selling, offering for sale or distribution of any electrical or extension cords with fraudulent seals for the Underwriters' Laboratory; authorizes local code enforcement entities to enforce the provisions of this section; provides that for the first civil penalty of this section, a one hundred dollar fine shall be issued and such person shall attend a training seminar on how to identify false underwriters laboratory labels and increases fines for the second or more offenses of this section; provides that a training component shall be created and provided by the office of fire prevention and control and shall be made available on its website.

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S4074-2011 Actions

• May 16, 2012: PRINT NUMBER 4074A
• May 16, 2012: AMEND AND RECOMMIT TO CONSUMER PROTECTION
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Mar 29, 2011: COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Mar 28, 2011: ADVANCED TO THIRD READING
• Mar 24, 2011: 2ND REPORT CAL.
• Mar 23, 2011: 1ST REPORT CAL.262
• Mar 16, 2011: REFERRED TO CONSUMER PROTECTION

S4074-2011 Meetings

Consumer Protection: Mar 23, 2011

S4074-2011 Calendars

Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011

S4074-2011 Votes

S4074-2011 Memo

BILL NUMBER:S4074

TITLE OF BILL:
An act
to amend the general business law, in relation to the selling, offering
for sale or distribution of any electrical
or extension cords with a
fraudulent seal for the Underwriters' Laboratory

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the general business law so that merchants selling
defective electrical products sold with fraudulent labeling are
subject to required training in distinguishing labeling for the first
offense and to stiff fines if the offense is repeated.

SUMMARY OF PROVISIONS:
Section One adds a new section 349-e to the general business law,
making merchants who sell electrical products with fraudulent
Underwriters Laboratory labels (UL) will subject to a $100 fine and
required on-line training session created by Office of Fire
Prevention and Control (OFPC). The second offense will result in a
$2,500 fine.
Section Two is the effective date.

JUSTIFICATION:
A number of recent fires have been attributed to extension cords that
bore fraudulent UL labels. The potential for loss of life to both
consumers and firefighters due to this fraud is unacceptable. This
law would not only increase the penalties for selling those cords, it
would require all merchants who have done so to take an online class
to differentiate between the real and the fraudulent labels. The real
label is quite easy to identify when compared to falsified copies.

LEGISLATIVE HISTORY:
2009: S.2682A - Referred to Consumer Protection
2008: S.8080  - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day
after becoming law.

S4074-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4074

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 16, 2011
                                 ___________

  Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Consumer Protection

  AN ACT to amend the general business law, in relation  to  the  selling,
    offering for sale or distribution of any electrical or extension cords
    with a fraudulent seal for the Underwriters' Laboratory

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The general business law is amended by adding a new section
  349-e to read as follows:

    S 349-E. SELLING OF FRAUDULENT ELECTRICAL OR EXTENSION CORDS. 1.    NO
  MERCHANT,  MANUFACTURER,  FIRM,  CORPORATION,  ASSOCIATION  OR  AGENT OR
  EMPLOYEE THEREOF SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS  STATE
  ANY  ELECTRICAL  CORD  OR  EXTENSION CORD WITH A FRAUDULENT SEAL FOR THE
  UNDERWRITERS' LABORATORY. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM
  "MERCHANT" SHALL MEAN A PERSON, FIRM OR CORPORATION ENGAGED IN THE SALE,
  DISPLAY  OR  OFFERING  FOR  SALE  OF CONSUMER PRODUCTS OR MERCHANDISE AT
  RETAIL TO A CONSUMER.
    2. EVERY MERCHANT,  MANUFACTURER,  FIRM,  CORPORATION  OR  ASSOCIATION
  SHALL  BE RESPONSIBLE FOR THE TRAINING AND EDUCATION OF ITS EMPLOYEES TO
  LEARN THE DIFFERENCE BETWEEN CERTIFIED  UNDERWRITERS'  LABORATORY  ELEC-
  TRICAL  OR  EXTENSION  CORDS AND FRAUDULENT OR COUNTERFEIT ELECTRICAL OR
  EXTENSION CORDS.
    3. THE PROVISIONS OF THIS SECTION SHALL NOT  BE  DEEMED  TO  ALTER  OR
  OTHERWISE SUPERSEDE ANY OTHER LABELING OR DISCLOSURE REQUIREMENT IMPOSED
  BY STATE OR FEDERAL LAW.
    4. ENFORCEMENT SHALL BE PROVIDED BY THE LOCAL GOVERNMENT CODE ENFORCE-
  MENT ENTITY.
    5.  FOR  THE FIRST CIVIL PENALTY OF THIS SECTION, A ONE HUNDRED DOLLAR
  FINE SHALL BE ISSUED AND SUCH PERSON SHALL ATTEND A TRAINING SEMINAR  ON
  HOW TO IDENTIFY FALSE UNDERWRITERS' LABORATORY LABELS. FOR THE SECOND OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03996-01-1

 S. 4074                             2

  MORE  OFFENSES OF THIS SECTION, THERE SHALL BE UP TO A TWO THOUSAND FIVE
  HUNDRED DOLLAR FINE FOR A PRIVATE RETAILER.
    6. A TRAINING COMPONENT SHALL BE CREATED AND PROVIDED BY THE OFFICE OF
  FIRE  PREVENTION AND CONTROL AND SHALL BE MADE AVAILABLE ON ITS WEBSITE.
  ANY PERSON FOUND SELLING ELECTRICAL PRODUCTS  WITH  FALSE  UNDERWRITERS'
  LABORATORY LABELS SHALL TAKE AN ON-LINE COURSE.
    S 2. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.