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.
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: To amend the general business law to top retail merchants from selling electrical products sold with fraudulent claims of quality and safety inspection. A store engaging in the sale of fraudulently labeled electrical cords are subject to a civil penalty of up to one hundred dollars. Additionally, first time violators much complete an online training seminar, conducted by the Office of Fire Prevention and control (OFPC), on how to distinguish false UL labels for the first offense. For a second or subsequent violation of this section, the civil penalty shall be set at up to 500 dollars.
SUMMARY OF SPECIFIC PROVISIONS: Merchants who sell electrical products with fraudulent UL will be subject to a civil penalty of up to $100 and required to complete and online training session created by OFPC. A second or subsequent violation will result in a fine of up to $500.
JUSTIFICATION: A number of 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 civil penalties for the retail sale of these potentially dangerous cords, but it would require all merchants who have engaged in these fraudulent transactions to learn how to learn how to differentiate between real UL cords and fakes.
PRIOR LEGISLATIVE HISTORY: 6/22/09 Passed the Assembly 3/10/10 Passed the Assembly
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect one hundred twenty days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4074--A 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 -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- 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. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03996-07-2 S. 4074--A 2
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.