New York S 10570: Notifies people of recalled products

Bill Text

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S10570 Summary:

BILL NOS10570 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Add Art 28-EE §§490-aa - 490-ee, Gen Bus L

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Requires commercial dealers of products made available or placed for sale in this state to inform the secretary of state of any recalls on such products; directs the secretary of state to inform people of such recalls.

Go to top S10570 Actions:

BILL NOS10570 

&nbsp

05/26/2026REFERRED TO CONSUMER PROTECTION

Go to topS10570 Committee&nbspVotes:

Go to topS10570 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10570 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10570

 IN SENATE

 May 26, 2026
 ___________

 Introduced by Sen. BAILEY -- 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 notifying
 people of recalled products

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new article
 2 28-EE to read as follows:
 3 ARTICLE 28-EE
 4 RECALL NOTIFICATION
 5 Section 490-aa. Definitions.
 6 490-bb. Product recall requirements; commercial dealer.
 7 490-cc. Product recall requirements; secretary of state.
 8 490-dd. Enforcement.
 9 490-ee. Promulgation of rules and regulations.
 10 § 490-aa. Definitions. For the purposes of this article, the following
 11 terms shall have the following meanings:
 12 1. "Department" means the department of state.
 13 2. "Commercial dealer" means any person who is in the business of
 14 manufacturing, remanufacturing, retrofitting, distributing, importing,
 15 or selling at wholesale any product in New York state. This definition
 16 shall not be construed to include retailers, initial consumers, or
 17 secondhand dealers.
 18 3. "Secretary" means the secretary of state.
 19 4. "Initial consumer" means a person who purchases a product for any
 20 purpose other than resale.
 21 5. "Secondhand dealer" means a person who sells as a primary source of
 22 income reconditioned, remanufactured, refurbished, previously owned, or
 23 consignment items. Such term shall not include the initial consumer or
 24 someone who purchases a product primarily for personal use but who
 25 subsequently sells the product.
 26 6. "Person" means a natural person and any entity, including but not
 27 limited to a sole proprietorship, partnership, firm, corporation, limit-
 28 ed liability company, or association, and any employee or agent thereof.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15963-01-6

 S. 10570 2

 1 7. "Recall" means a request to return a product to the manufacturer
 2 due to a defect in the product.
 3 8. "Retailer" means any person who as a business or for-profit venture
 4 sells or leases products for-profit in New York to initial consumers.
 5 Such term shall not include: (a) someone who purchased or acquired a
 6 product primarily for personal use and who subsequently resells the
 7 product; or (b) any secondhand dealer.
 8 9. "Knowledge" means: (a) the receipt of notice or having actual know-
 9 ledge; or (b) the presumed having of knowledge deemed to be possessed by
 10 a reasonable person who acts in the circumstances, including knowledge
 11 obtainable upon the exercise of due care.
 12 § 490-bb. Product recall requirements; commercial dealer. 1. When a
 13 commercial dealer has made available or placed for sale in this state a
 14 product for which a recall has been issued, the commercial dealer shall,
 15 within twenty-four hours of issuing the recall, provide notification to
 16 the department of such recall.
 17 2. All notices under this section shall include, in a clear and
 18 conspicuous fashion:
 19 (a) a description of the product.
 20 (b) the reason for the recall.
 21 (c) a picture of the product, if available.
 22 (d) instructions on how to return or exchange the recalled product.
 23 (e) any other information the secretary shall require.
 24 3. No notice under this section shall include sales or marketing
 25 information on that product or any other product