N.Y. General Business Law 391-B – Prohibit any sale of dangerous clothing articles
§ 391-b. Prohibit any sale of dangerous clothing articles. 1. For the purposes of this section, the following terms shall have the following meanings:
Terms Used In N.Y. General Business Law 391-B
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) "drawstring" shall mean a non-retractable cord, string, ribbon, bungee, or tape of any material inserted into a channel of the garment to pull together parts of an article of clothing for the purpose of controlling closure or fullness;
(b) "tie" shall mean a cord, string, ribbon, bungee, or tape of any material used for fastening or uniting or decoration and not capable of controlling fullness;
(c) "hood" shall mean a loose, pliable covering for the head, either detachable from or permanently attached to the upper garment;
(d) "neck opening" shall mean the opening defined by the seam between the body of the upper garment and the collar or hood;
(e) "toggle" shall mean the wooden, plastic, metal, or otherwise composed piece attached to the loose end of the drawstring for decorative purposes or to prevent the drawstring's being drawn through its channel;
(f) "aglet" shall mean any tube-shaped material used to bind the end of a drawstring to prevent fraying.
2. No person, firm, partnership, association or corporation shall sell any clothing from children's size two-T up to children's size sixteen, inclusive, that includes a drawstring at the bottom opening of an upper garment or a drawstring at the waist unless the end of the drawstring at the bottom opening of an upper garment or the drawstring at the waist measures no more than three inches from where the string extends out of the garment, when such garment is expanded to its fullest width and the drawstring is attached to the garment at its midpoint. Drawstrings shall not have toggles, knots, or any attachments at the free ends. For the purposes of this subdivision, a tie shall not be construed as a drawstring, nor shall an aglet be construed as a toggle.
3. No person, firm, partnership, association or corporation shall sell any clothing for children up to and including children's size twelve that includes a hood drawstring or a neck opening drawstring. For the purposes of this subdivision, a tie shall not be construed as a drawstring.
4. Nothing in this section shall be construed to supersede any provision of section three hundred ninety-six-k of this article, as added by chapter seven hundred fifty-four of the laws of nineteen hundred seventy-three.
5. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York, to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of § 8303 of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.