GOVERNOR PATERSON AND LEGISLATIVE LEADERS ANNOUNCE AGREEMENT ON LEGISLATION TO KEEP UNSAFE TOYS OFF SHELVES

New Law Strengthens Consumer Notifications; Requires Warning Labels for Toys

Governor David A. Paterson today joined state legislators to announce an agreement on legislation to keep dangerous toys and other products out of children’s hands. The “Children’s Product Safety and Recall Effectiveness Act of 2008” will protect New York children from unsafe toys and durable juvenile products (such as cribs, car seats, high chairs, playpens or other similar items) that may be available to consumers even after they have been recalled.

“My colleagues in the legislature joined in my shock as we learned how readily available dangerous and recalled toys are in stores in our state,” said Governor Paterson. “This agreement addresses this problem by prohibiting manufacturers, distributors and retailers from continuing to sell recalled children’s products in New York. We cannot be complacent about protecting our children, especially when it comes to toys and products people count on and use every day. New Yorkers should be able to have confidence in the products they buy for their children, and we are determined to build that confidence, starting with this new law.”

During the summer of 2007, the Consumer Protection Board (CPB), along with other State agencies, conducted toy recall sweeps to investigate compliance with U.S. Consumer Product Safety Commission (CPSC) recalls. The inspectors visited and contacted approximately 2,800 retail establishments and thrift shops throughout New York, and identified roughly 400 stores that carried one or more of the recalled items.

While most retailers stated that they received some form of recall notice and took the proper measures to remove the recalled items from their store and return them to the manufacturer, some reported that they did not receive notice or direction from their supplier or from the manufacturer. Additionally, although most retail stores posted signs to inform consumers of the recall, the posting of the recall notices were not conspicuous or uniform from store to store, making it difficult for consumers to be aware of important safety recall information.

Senate Majority Leader Joseph L. Bruno said: “This bill will help strengthen consumer confidence that the toys they purchase for their children are safe and that dangerous toys are promptly removed from store shelves. Through the leadership of Senator Charles Fuschillo, working with the Governor and Assembly, Consumers and their children will be better protected.”

Assembly Speaker Sheldon Silver said: "The Assembly Majority has long been dedicated to protecting children, and this measure will boost child safety by increasing product recall notifications and preventing harmful products from falling into the hands of consumers. Manufacturers and importers of children's products will be required to notify consumers, distributors, retailers and the State Attorney General of any recalls or warnings. I thank Governor Paterson for taking this step to build consumer confidence and protect children and families from unsafe products.”

Senate Minority Leader Malcolm A. Smith said: "Governor Paterson has long been an advocate for the safety and care of our children and families, which are our most valuable assets. So anything we can do to protect them from dangerous toys and using other products is wonderful. This is good, common sense legislation that should have been passed a longtime ago. Governor Paterson deserves the credit here for stepping forward to ensuring with this new legislation that our children and families will not be hurt by playing with defective toys or other products. By removing defective items from store shelves this legislation provides additional protection and safety for our children and families."

Assembly Consumer Affairs and Protection Committee Chair Audrey Pheffer said: “Our children are the future of New York and we must take whatever steps are necessary to protect them from dangerous toys. With this measure, parents will get more information about the toys they purchase right on the label, including the manufacturer's or importer's name and contact information. That will make it easier to get additional information about products and to avoid children using recalled or defective toys.”

Assembly Children's Product Safety Subcommittee Chair Ginny Fields said: “This added level of protection will require manufacturers and importers of children's toys to take responsibility when their products are deemed harmful. Many products designed for infants or young children are handed down to other users in the same family or sold to another family at a garage sale. This legislation will increase notifications on recalled products to make sure dangerous and harmful toys do no make it into the hands of our little ones.”

Consumer Protection Board Chairperson and Executive Director Mindy A. Bockstein said: “This legislation advances product safety in New York State by giving greater notification to consumers and retailers. Often, recalled items are never returned. They remain in homes, attics, and on the shelves of discount and secondhand stores where they continue to pose a danger to unsuspecting users. This is especially true for products designed for infants and young children, where an item may be purchased and then handed down to several successive users in the same family or sold to another family at a garage sale. Moreover, because many New Yorkers buy used toys, nursery products, cribs, playpens and other similar products at secondhand or thrift stores, recalled items are unwittingly purchased at these locations. With this legislation, championed by Governor Paterson, we hope to prevent this type of transaction from reoccurring.”

Currently there is no prohibition against the sale or distribution of children’s products or durable juvenile products that have been the subject of a recall by the U.S. Consumer Product Safety Commission (CPSC), nor is there an effective system for notifying individuals of such recalls. This law addresses these problems in several ways. In particular, the law:

• Requires that manufacturers of “durable juvenile products” (which as defined include cribs, car seats, high chairs, playpens and other similar durable products for children under five years old) must include a “product safety owner card” with the product at the time of original purchase by consumers;
• Requires manufacturers and importers of children’s products and durable juvenile products to notify consumers, distributors, retailers, the State Attorney General and the CPB of any recalls or warnings;
• Provides that commercial dealers (i.e., manufacturers, importers, distributors and wholesalers), after receiving notice of a recall or warning, must: (1) remove the recalled product from their shelves and websites; (2) contact the initial purchaser of the product if possible; and (3) post recall notices and warnings in a conspicuous manner;
• Requires appropriate children’s products and durable juvenile products to have labels indicating the manufacturer’s and importer’s name and contact information, as well as lot/batch information if applicable, either on the product or on its packaging; and
• Authorizes the CPB and the Attorney General to enforce these requirements.

Taken together, these provisions will reduce the likelihood of New York children getting hurt by recalled and defective toys and other products by having an enforceable law that prevents these products from being on store shelves, providing information about recalls, safety warnings, and limiting the source of potential harm.