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.
Ayes (9): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Adams, Hassell-Thompson, Huntley
Nays (1): Squadron
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.
STATE OF NEW YORK ________________________________________________________________________ 4074 2011-2012 Regular Sessions IN 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 OREXPLANATION--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.