NY State Senate Bill 2013-S794A

Senate Bill S794A

2013-2014 Legislative Session

Requires a warning instruction by entities which manufacture, assemble and sell roller skates and skate boards

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2014	print number 794a
Jan 14, 2014	amend and recommit to consumer protection
Jan 08, 2014	referred to consumer protection
Jan 09, 2013	referred to consumer protection

Bill Amendments

Original

A (Active)

2013-S794 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3642
2011-2012: S123
2015-2016: S825
2017-2018: S4899

2013-S794 - Summary

Requires a warning instruction by a person, firm, corporation, or other legal entities which manufacture and assemble roller skates and skate boards; requires the warning to be contained on a label, hangtag, shield or plate or on the outside of the box which such pair of roller skates or skate boards are sold and in each instruction manual; sets forth penalties for violations; makes an exception for the sale of roller skates or skate boards sold or offered for sale by consumers for consumer use.

2013-S794 - Sponsor Memo

                                BILL NUMBER:S794

TITLE OF BILL:
An act
to amend the general business law, in relation to notice requirements in
the manufacture, assembling and sale of roller skates and skate boards

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to protect skate boarders and roller
skaters by requiring a warning instruction to be affixed by label on
the outside of the box in which the item is sold and included in the
buyer's guide or user's manual.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the General Business Law by adding a new section,
391-s. Defines roller skates and skate boards. Requires a warning
instruction to be included 1) on a label or hangtag on the outside of
the box in which the roller skates or skateboard is offered for sale
in order to be visible to the consumer and 2) within the user's guide
or instruction manual. Establishes a civil penalty of not more than
five hundred dollars for violations associated with this section.

Section 2. Effective Date

JUSTIFICATION:
This legislation responds to the large number of injuries related to

use of skate-boards and roller skates. The United States Consumer
Product Safety commission (CPSC) warns consumers that in-line skating
can be a dangerous sport if appropriate safety gear is not used. A
majority of the injuries were related to one's wrists, arms, and
legs. Moreover, according to the American Academy of Pediatrics, an
estimated 17.7 million youth under the age of eighteen participate in
in-line skating, roller-skating and skate-boarding.

Over the past several years, recreational skateboarding has seen an
increase in popularity. In 1998, an estimated 5.8 million children
under the age of eighteen in the United States participated in
skate-boarding. Skate-boarding injuries account for an estimated
50,000 hospital visits each year according to the American Academy of
Pediatrics. In addition, among children and teenagers in the United
States, 1500 were hospitalized due to injuries that arose from
skateboarding. According to the CPSC, six out of every ten
skate-board injuries occur with children under the age of fifteen.
Sprains, fractures, contusions and abrasions are the most common
skateboarding injuries.

Appropriate protective gear is essential for safety when skating and
skate-boarding. Protective gear includes wrist guards, knee pads,
gloves and elbow pads have been known to prevent injuries. These
protective devices are designed to absorb the impact of a fall, avoid
gravel bums and scrapes as well as fractured and broken bones. This
legislation will significantly reduce the number of injuries if
protective gear is worn thereby decreasing the likelihood of hospital
visits and its associated medical expenses.

EXISTING LAW:


None.

PRIOR LEGISLATIVE HISTORY:
2012:    S.123A - Amended and Recommit to Consumer Protection
2011:    S.123  - Defeated in Consumer Protection
2010:    S.3642 - Referred to Consumer Protection
2009:    S.3642 - Reported and Committed to Codes/A.4285A -
         Passed Assembly
2007-08: A.437 - Passed Assembly
2005-06: A.686B - Reported Referred to Codes

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect one year after enactment

2013-S794 - Bill Text download pdf

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

                                   794

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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 notice require-
  ments in the manufacture, assembling and sale  of  roller  skates  and
  skate boards

  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
391-s to read as follows:
  S 391-S. SALE OF ROLLER SKATES AND SKATE BOARDS; NOTIFICATION.  1.  AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "ROLLER SKATE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-B OF THE VEHICLE AND TRAFFIC LAW.
  (B)  "SKATE BOARD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-C OF THE VEHICLE AND TRAFFIC LAW.
  (C) "WARNING INSTRUCTION" SHALL MEAN A  NOTICE  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM  PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE
THE RISK OF SERIOUS INJURY AND ONLY USE (INSERT 'THESE SKATES' OR  'THIS
SKATE  BOARD',  AS  APPROPRIATE)  WHILE  WEARING  FULL PROTECTIVE GEAR -
HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
  2. (A) NO PERSON, FIRM,  CORPORATION,  OR  OTHER  LEGAL  ENTITY  WHICH
OFFERS  TO SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES SHALL DO
SO UNLESS: (I) A WARNING INSTRUCTION  CONTAINED  ON  A  LABEL,  HANGTAG,
SHIELD OR PLATE CLEARLY VISIBLE TO THE CONSUMER IS PLACED ON THE OUTSIDE
OF  THE  BOX  IN WHICH SUCH PAIR OF ROLLER SKATES IS SOLD OR OFFERED FOR
SALE AT RETAIL; AND (II) EACH SUCH PAIR OF ROLLER SKATES WHICH  CONTAINS
A  USER'S  GUIDE  OR  BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING
INSTRUCTION WITHIN OR ON SUCH GUIDE OR MANUAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00450-02-3

S. 794                              2

  (B) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL  ENTITY  SHALL  SELL,
OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS: (I)
A  WARNING  INSTRUCTION  CONTAINED  ON A LABEL, HANGTAG, SHIELD OR PLATE
CLEARLY VISIBLE TO THE CONSUMER IS PLACED ON THE OUTSIDE OF THE  BOX  IN
WHICH  SUCH  SKATE BOARD IS SOLD OR OFFERED FOR SALE AT RETAIL; AND (II)
EACH SKATE BOARD WHICH CONTAINS A USER'S GUIDE  OR  BUYER'S  INSTRUCTION
MANUAL  ALSO  CONTAINS  A WARNING INSTRUCTION WITHIN OR ON SUCH GUIDE OR
MANUAL.
  (C) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS  REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING  ROLLER  SKATES  AT  RETAIL  FOR CONSUMER USE SHALL SELL, OFFER TO
SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS SUCH  ROLLER
SKATES  CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION.
  (D) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS  REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING SKATE BOARDS AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO SELL,
OR  DISTRIBUTE  IN THIS STATE SUCH SKATE BOARDS UNLESS SUCH SKATE BOARDS
CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (B)  OF
THIS SUBDIVISION.
  3.  WHENEVER  IT  SHALL APPEAR THAT THERE HAS BEEN A VIOLATION OF THIS
SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE  NAME
OF  THE  PEOPLE  OF  THE  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS  FOR  SUCH  VIOLATION.  IN
CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
  4. NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH  IS  REGU-
LARLY  ENGAGED  IN  THE BUSINESS OF SELLING, OR OFFERING FOR SALE ROLLER
SKATES OR SKATE BOARDS SHALL BE DEEMED TO HAVE VIOLATED  THE  PROVISIONS
OF  THIS  SUBDIVISION,  IF SUCH PERSON, FIRM, CORPORATION OR OTHER LEGAL
ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE THAT THE VIOLATION  WAS  NOT
INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
  5.  THIS SECTION SHALL NOT APPLY TO THE SALE OF ROLLER SKATES OR SKATE
BOARDS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
  S 2. This act shall take effect one year after it shall have become  a
law.

2013-S794A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3642
2011-2012: S123
2015-2016: S825
2017-2018: S4899

2013-S794A (ACTIVE) - Summary

2013-S794A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S794A

TITLE OF BILL:  An act to amend the general business law, in relation to
notice requirements in the manufacture, assembling and sale of roller
skates and skate boards

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is to protect
skate boarders and roller skaters by requiring a warning instruction to
be affixed by label on the outside of the box in which the item is sold
and included in the buyer's guide or user's manual.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the General Business Law by adding a new section,
391-t. Defines roller skates and skate boards. Requires a warning
instruction to be included 1) on a label or hangtag on the outside of
the box in which the roller skates or skateboard is offered for sale in
order to be visible to the consumer and 2) within the user's guide or
instruction manual. Establishes a civil penalty of not more than five
hundred dollars for violations associated with this section.

Section 2. Effective Date

EXISTING LAW: None.

JUSTIFICATION:  This legislation responds to the large number of inju-

ries related to use of skate-boards and roller skates. The United States
Consumer Product Safety commission (CPSC) warns consumers that in-line
skating can be a dangerous sport if appropriate safety gear is not used.
A majority of the injuries were related to one's wrists, arms, and legs.
Moreover, according to the American Academy of Pediatrics, an estimated
17.7 million youth under the age of eighteen participate in in-line
skating, roller-skating and skate-boarding.

Over the past several years, recreational skateboarding has seen an
increase in popularity. In 1998, an estimated 5.8 million children under
the age of eighteen in the United States participated in skate-boarding.
Skate-boarding injuries account for an estimated 50,000 hospital visits
each year according to the American Academy of Pediatrics. In addition,
among children and teenagers in the United States, 1.500 were hospital-
ized due to injuries that arose from skateboarding. According to the
CPSC, six out of every ten skate-board injuries occur with children
under the age of fifteen.  sprains, fractures, contusions and abrasions
are the most common skateboarding injuries.

Appropriate protective gear is essential for safety when skating and
skate-boarding. Protective gear includes wrist guards, knee pads, gloves
and elbow pads have been known to prevent injuries. These protective
devices are designed to absorb the impact of a fall, avoid gravel burns
and scrapes as well as fractured and broken bones. This legislation will
significantly reduce the number of injuries if protective gear is worn

thereby decreasing the likelihood of hospital visits and its associated
medical expenses.

PRIOR LEGISLATIVE HISTORY:  2013: S.794-Referred to Consumer Protection
2012: S.123-A-Amend and Recommit to Consumer Protection 2011: S.123 -
Defeated in Consumer Protection 2010: S.3642 - Referred to Consumer
Protection 2009: S.3642 - Reported and Committed to Codes/A.4285A Passed
Assembly 2007-08 A.437 - Passed Assembly 2005-06: A.686B - Reported
Referred to Codes

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act shall take effect one year after enactment.

2013-S794A (ACTIVE) - Bill Text download pdf

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

                                 794--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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 notice require-
  ments in the manufacture, assembling and sale  of  roller  skates  and
  skate boards

  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
391-t to read as follows:
  S 391-T. SALE OF ROLLER SKATES AND SKATE BOARDS; NOTIFICATION.  1.  AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "ROLLER SKATE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-B OF THE VEHICLE AND TRAFFIC LAW.
  (B)  "SKATE BOARD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-C OF THE VEHICLE AND TRAFFIC LAW.
  (C) "WARNING INSTRUCTION" SHALL MEAN A  NOTICE  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM  PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE
THE RISK OF SERIOUS INJURY AND ONLY USE (INSERT 'THESE SKATES' OR  'THIS
SKATE  BOARD',  AS  APPROPRIATE)  WHILE  WEARING  FULL PROTECTIVE GEAR -
HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
  2. (A) NO PERSON, FIRM,  CORPORATION,  OR  OTHER  LEGAL  ENTITY  WHICH
OFFERS  TO SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES SHALL DO
SO UNLESS: (I) A WARNING INSTRUCTION  CONTAINED  ON  A  LABEL,  HANGTAG,
SHIELD OR PLATE CLEARLY VISIBLE TO THE CONSUMER IS PLACED ON THE OUTSIDE
OF  THE  BOX  IN WHICH SUCH PAIR OF ROLLER SKATES IS SOLD OR OFFERED FOR
SALE AT RETAIL; AND (II) EACH SUCH PAIR OF ROLLER SKATES WHICH  CONTAINS

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

                                                           LBD00450-03-4

S. 794--A                           2

A  USER'S  GUIDE  OR  BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING
INSTRUCTION WITHIN OR ON SUCH GUIDE OR MANUAL.
  (B)  NO  PERSON,  FIRM, CORPORATION, OR OTHER LEGAL ENTITY SHALL SELL,
OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS: (I)
A WARNING INSTRUCTION CONTAINED ON A LABEL,  HANGTAG,  SHIELD  OR  PLATE
CLEARLY  VISIBLE  TO THE CONSUMER IS PLACED ON THE OUTSIDE OF THE BOX IN
WHICH SUCH SKATE BOARD IS SOLD OR OFFERED FOR SALE AT RETAIL;  AND  (II)
EACH  SKATE  BOARD  WHICH CONTAINS A USER'S GUIDE OR BUYER'S INSTRUCTION
MANUAL ALSO CONTAINS A WARNING INSTRUCTION WITHIN OR ON  SUCH  GUIDE  OR
MANUAL.
  (C)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING ROLLER SKATES AT RETAIL FOR CONSUMER  USE  SHALL  SELL,  OFFER  TO
SELL,  OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS SUCH ROLLER
SKATES CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN  PARAGRAPH
(A) OF THIS SUBDIVISION.
  (D)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING SKATE BOARDS AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO SELL,
OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS SUCH  SKATE  BOARDS
CONFORM  TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION.
  3. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN A  VIOLATION  OF  THIS
SECTION,  AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO  A  COURT  OR  JUSTICE  HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR SUCH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  4.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OR OFFERING  FOR  SALE  ROLLER
SKATES  OR  SKATE BOARDS SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS
OF THIS SUBDIVISION, IF SUCH PERSON, FIRM, CORPORATION  OR  OTHER  LEGAL
ENTITY  SHOWS  BY A PREPONDERANCE OF EVIDENCE THAT THE VIOLATION WAS NOT
INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
  5. THIS SECTION SHALL NOT APPLY TO THE SALE OF ROLLER SKATES OR  SKATE
BOARDS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
  S  2. This act shall take effect one year after it shall have become a
law.

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