Section 490-A. Definitions

For the purposes of this article, the following
  terms shall have the following meanings:
    1. "Board" means the consumer protection board.
    2. "Children's product" shall mean a toy or other article, other  than
  clothing,  intended  for use by a child under fourteen years of age. The
  following shall be considered in determining if the toy  or  article  is
  intended for a child under fourteen years of age:
    (a)  A  statement by a manufacturer about the intended use of such toy
  or article, including a label on such toy or article;
    (b)  The  context  and  manner  of  the  advertising,  promotion,  and
  marketing associated with the toy or article; and
    (c)  Whether the toy or article is commonly recognized by consumers as
  being intended for use by a child under fourteen years of age.
    3. "Commercial dealer" means any person who  is  in  the  business  of
  manufacturing,  remanufacturing,  retrofitting, distributing, importing,
  or selling at wholesale children's products  in  New  York  state.  This
  definition shall not be construed to include retailers.
    4.  "Director"  means  the  chairperson  and executive director of the
  consumer protection board.
    5. "Initial consumer"  means  a  person  who  purchases  a  children's
  product or durable juvenile product for any purpose other than resale.
    6. "Secondhand dealer" means a person who sells as a primary source of
  income  reconditioned, remanufactured, refurbished, previously owned, or
  consignment items. Such term shall not include the initial  consumer  or
  someone  who  purchases a children's product or durable juvenile product
  primarily for personal use but who subsequently sells the product.
    7. "Durable juvenile product" means the  following  products  intended
  for  use,  or  that  may  be reasonably expected to be used, by children
  under the age of five years:
    (i) cribs;
    (ii) toddler beds;
    (iii) car seats;
    (iv) high chairs, booster chairs, and hook-on chairs;
    (v) bath seats;
    (vi) gates and other enclosures for confining a child;
    (vii) playpens;
    (viii) stationary activity centers;
    (ix) strollers;
    (x) walkers;
    (xi) swings;
    (xii) child carriers;
    (xiii) bassinets and cradles; and
    (xiv) other similar durable juvenile products designed for children as
  shall be specified in  regulations  promulgated  by  the  United  States
  consumer product safety commission.
    8.  "Person"  means a natural person and any entity, including but not
  limited  to  a  sole  proprietorship,  partnership,  firm,  corporation,
  limited  liability  company,  or  association, and any employee or agent
  thereof.
    9.  "Product  safety  owner's  card"  means  a  standardized   product
  identification card that requests the initial consumer to provide to the
  manufacturer  the  name,  address  and  other  information  by which the
  initial consumer may be contacted.
    10. "Recall" means a request to return a product to  the  manufacturer
  due to a defect in the product.
    11.  "Retailer"  means  any  person  who  as  a business or for-profit
  venture sells or leases children's products or durable juvenile products
  for-profit in New York to initial consumers. Such term shall not include

  someone who purchased or acquired a product primarily for  personal  use
  and who subsequently resells the product.