New York S 4181: Relates to hazardous toys and other articles intended for use by children

Bill Text

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S04181 Summary:

BILL NOS04181 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §396-k, Gen Bus L

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Includes toys contaminated with a toxic substance within hazardous toys subject to specific regulations and protections.

Go to top S04181 Actions:

BILL NOS04181 

&nbsp

02/03/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS04181 Committee&nbspVotes:

Go to topS04181 Floor&nbspVotes:

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

Go to topS04181 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4181

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. PARKER -- 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 hazardous toys
 and other articles intended for use by children

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

 1 Section 1. Section 396-k of the general business law, as added by
 2 chapter 754 of the laws of 1973, and as renumbered by chapter 432 of the
 3 laws of 1974, the section heading and subdivisions 1 and 4 as amended by
 4 chapter 358 of the laws of 1989, is amended to read as follows:
 5 § 396-k. Hazardous toys and other articles intended primarily for use
 6 by children; prohibition and enforcement. 1. No person, firm, corpo-
 7 ration, association or agent or employee thereof shall import, manufac-
 8 ture, sell, hold for sale or distribute a toy or other article intended
 9 for use by a child which presents an electrical, mechanical or thermal
 10 hazard or that is contaminated with any toxic substance. The following
 11 definitions are applicable to this section:
 12 (a) "Child" means any person less than fourteen years of age;
 13 (b) A toy or other article presents an electrical hazard if, in normal
 14 use or when subjected to reasonably foreseeable damage or abuse, its
 15 design or manufacture may cause personal injury or illness by electrical
 16 shock or electrocution;
 17 (b-1) "Toy" means an article or item designed and made for the amuse-
 18 ment of a child or for their use in play;
 19 (c) A toy or other article presents a mechanical hazard if, in normal
 20 use or when subjected to reasonably foreseeable damage or abuse, its
 21 design or manufacture presents an unreasonable risk of personal injury
 22 or illness:
 23 (1) from fracture, fragmentation or disassembly of the article;
 24 (2) from propulsion of the article or any part or accessory thereof;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07786-01-5

 S. 4181 2

 1 (3) from points or other protrusions, surfaces, edges, openings or
 2 closures;
 3 (4) from moving parts;
 4 (5) from lack or insufficiency of controls to reduce or stop motion;
 5 (6) as a result of self-adhering characteristics of the article;
 6 (7) because the article or any part or accessory thereof may be aspi-
 7 rated or ingested;
 8 (8) because of instability; or
 9 (9) [from stuffing material which is not free of dangerous or harmful
 10 substances; or
 11 (10)] because of any other aspect of the article's design or manufac-
 12 ture.
 13 (d) A toy or other article presents a thermal hazard if, in normal use
 14 or when subjected to reasonably foreseeable damage or abuse, its design
 15 or manufacture presents an unreasonable risk to personal injury or
 16 illness because of heat as from heated parts, substances or surfaces[.];
 17 and
 18 (e) A toy is contaminated with a toxic substance if it is any of the
 19 following:
 20 (1) is coated with paints and lacquers containing compounds of lead of
 21 which the lead content (calculated as Pb) is in excess of that permitted
 22 by federal regulations contained in Section 1500.17 of Title 16 of the
 23 Code of Federal Regulations adopted pursuant to the Federal Hazardous
 24 Substances Act, Chapter 30 (commencing with Section 1261) of Title 15 of
 25 the United States Code, or soluble compounds of antimony, arsenic,
 26 cadmium, mercury, selenium or barium, introduced as such. Compounds
 27 shall be considered soluble if