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 the section; provides that for the first civil penalty of this section, a one hundred dollar fine shall be issued and such seller or distributor shall complete a training seminar on how to identify false underwriters laboratory labels and increases fines for the second or subsequent violations 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.

---

A672A-2011 Actions

• Jun 4, 2012: REFERRED TO CONSUMER PROTECTION
• Jun 4, 2012: delivered to senate
• Jun 4, 2012: passed assembly
• May 10, 2012: advanced to third reading cal.539
• May 8, 2012: reported
• May 2, 2012: print number 672a
• May 2, 2012: amend and recommit to codes
• Mar 13, 2012: reported referred to codes
• Jan 4, 2012: referred to economic development
• Jan 5, 2011: referred to economic development

A672A-2011 Text

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

                                   672--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M. of A. JAFFEE, COLTON, COOK, GALEF, HOOPER, ZEBROWSKI,
    SCHIMEL, N. RIVERA, CASTRO, LAVINE, ROSENTHAL,  ENGLEBRIGHT,  ROBINSON
    --  Multi-Sponsored  by  -- M. of A. CALHOUN, CERETTO, CURRAN, GIBSON,
    GUNTHER, MARKEY, McDONOUGH,  McENENY,  McKEVITT,  J. MILLER,  MILLMAN,
    REILLY,  P. RIVERA, SALADINO, TOBACCO -- read once and referred to the
    Committee on Economic Development, Job Creation, Commerce and Industry
    -- recommitted to the Committee on Codes in accordance  with  Assembly
    Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  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 KNOWINGLY 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 AN ESTABLISHED RETAIL STORE 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03996-06-2

 A. 672--A                           2

    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.  THE  CIVIL PENALTY FOR A VIOLATION OF THIS SECTION SHALL BE A FINE
  UP TO ONE HUNDRED DOLLARS AND THE SELLER OR DISTRIBUTOR SHALL COMPLETE A
  TRAINING SEMINAR ON  HOW  TO  IDENTIFY  FALSE  UNDERWRITERS'  LABORATORY
  LABELS.  FOR  THE  SECOND  OR SUBSEQUENT VIOLATIONS OF THIS SECTION, THE
  FINE SHALL BE UP TO FIVE HUNDRED DOLLARS.  EACH  SALE  OF  A  FRAUDULENT
  ELECTRICAL  OR EXTENSION CORD IN VIOLATION OF THIS SECTION SHALL CONSTI-
  TUTE A SEPARATE VIOLATION.
    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.