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

                                         4074

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    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:

    1    Section 1. The general business law is amended by adding a new section
    2  349-e to read as follows:
    3    S 349-E. SELLING OF FRAUDULENT ELECTRICAL OR EXTENSION CORDS. 1.    NO
    4  MERCHANT,  MANUFACTURER,  FIRM,  CORPORATION,  ASSOCIATION  OR  AGENT OR
    5  EMPLOYEE THEREOF SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS  STATE
    6  ANY  ELECTRICAL  CORD  OR  EXTENSION CORD WITH A FRAUDULENT SEAL FOR THE
    7  UNDERWRITERS' LABORATORY. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM
    8  "MERCHANT" SHALL MEAN A PERSON, FIRM OR CORPORATION ENGAGED IN THE SALE,
    9  DISPLAY  OR  OFFERING  FOR  SALE  OF CONSUMER PRODUCTS OR MERCHANDISE AT
   10  RETAIL TO A CONSUMER.
   11    2. EVERY MERCHANT,  MANUFACTURER,  FIRM,  CORPORATION  OR  ASSOCIATION
   12  SHALL  BE RESPONSIBLE FOR THE TRAINING AND EDUCATION OF ITS EMPLOYEES TO
   13  LEARN THE DIFFERENCE BETWEEN CERTIFIED  UNDERWRITERS'  LABORATORY  ELEC-
   14  TRICAL  OR  EXTENSION  CORDS AND FRAUDULENT OR COUNTERFEIT ELECTRICAL OR
   15  EXTENSION CORDS.
   16    3. THE PROVISIONS OF THIS SECTION SHALL NOT  BE  DEEMED  TO  ALTER  OR
   17  OTHERWISE SUPERSEDE ANY OTHER LABELING OR DISCLOSURE REQUIREMENT IMPOSED
   18  BY STATE OR FEDERAL LAW.
   19    4. ENFORCEMENT SHALL BE PROVIDED BY THE LOCAL GOVERNMENT CODE ENFORCE-
   20  MENT ENTITY.
   21    5.  FOR  THE FIRST CIVIL PENALTY OF THIS SECTION, A ONE HUNDRED DOLLAR
   22  FINE SHALL BE ISSUED AND SUCH PERSON SHALL ATTEND A TRAINING SEMINAR  ON
   23  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

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