Section 490-E. Retailer responsibilities  


Latest version.
  • 1.  A retailer shall not sell,
      lease or otherwise  make  available  a  children's  product  or  durable
      juvenile  product that does not contain an appropriate label as provided
      under section four hundred ninety-c of this article  provided,  however,
      such retailer shall be allowed for six months from the effective date of
      this  section  to  sell without the appropriate label such products that
      were ordered or in stock prior to the effective date of this article.
        2. When a retailer receives from a commercial dealer or a  federal  or
      state  agency  notice  of  a  recall  or  warning regarding a children's
      product or durable juvenile  product,  and  if  the  retailer  currently
      offers  for sale or otherwise makes available or had offered for sale or
      otherwise made  available  such  product,  the  retailer  shall  do  the
      following:
        (a)  Within one business day after receiving notice of a recall remove
      the children's product  or  durable  juvenile  product  from  the  store
      shelves  and  take steps to ensure that such product is not sold or made
      available, including, but not limited to  implementing  a  mechanism  or
      procedure  which  will prevent a recalled product or products from being
      purchased at a point of sale.
        (b) Within one business day after  receiving  either  a  notice  of  a
      recall or a warning:
        (i)  post  recall  and warning notices conspicuously at the retailer's
      locations for a period of at least sixty days; and
        (ii) if the retailer maintains a website, post on the  home  page  (or
      the  first  entry  point) for a period of sixty days a link to recall or
      warning information that contains the specific recall or warning  notice
      that  was  issued  for  the  product. The information may include only a
      photograph or detailed rendering of the product and the  product  recall
      or   warning   information  and  may  not  include  sales  or  marketing
      information.
        (c) After receiving notice of a recall or warning notice, when contact
      information was provided at the time of purchase and  remains  available
      at  the  time  of  receipt  of the recall or warning notice the retailer
      shall contact the initial consumer of  a  durable  juvenile  product  to
      provide  the  recall  or  warning  information.  The  recall  or warning
      information must include a description of the product,  the  reason  for
      the recall or warning, and instructions on how to exchange, return for a
      refund  or  otherwise  respond to the children's product involved in the
      recall or warning. Such notice shall include only the product recall  or
      warning  information  and may not include sales or marketing information
      on that product or any other product, other than  the  pertinent  return
      and exchange policies.