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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S4074A-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

S4074A-2011 Votes

S4074A-2011 Memo

BILL NUMBER:S4074A

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.

S4074A-2011 Text

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

                                   4074--A

                         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  --
    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.