N.Y. Gen. Bus. Law § 350-G

Current through 2024 NY Law Chapter 553

Section 350-G - Definitions

When used in this article, the following terms shall have the meaning ascribed to them:

1. "Water treatment unit" shall mean a product, device or system designed for personal, family or household use and for which a claim or claims are made that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical or biological processes or combinations thereof. Each model of a system or a device shall be deemed a distinct water treatment unit.

2. "Contaminant" shall mean only those physical, chemical, microbiological, or radiological substances in water for which a federal maximum contaminant level exists pursuant to the federal Safe Drinking Water Act or a state maximum contaminant level exists pursuant to the public health law or a guideline exists which has been established by the commissioner of health.

3. "Person" shall mean an individual, corporation, partnership, joint venture, or any business entity.

4. "Label" shall mean the written, printed or graphic matter (i) affixed or attached to or printed on the water treatment unit, or (ii) placed on or otherwise made a part of the containers or wrappers of such units.

5. "Performance data sheet" shall mean a booklet, document, label or other printed material containing, at a minimum, the information required pursuant to section three hundred fifty-i of this article.

6. "Catalogue sale" shall mean any sale by means of printed material received by the consumer, including advertisements in newspapers, magazines or similar publications which contains the terms of sale, retail price, and instructions for ordering from which a consumer can order such unit.

7. "Qualified laboratory" shall mean:

a. A laboratory equipped and staffed to perform water treatment unit product validation testing using, where applicable:

(i) United States Environmental Protection Agency standards for drinking water quality and maximum contaminant levels, or their equivalent, and

(ii) Testing protocols developed pursuant to a peer review process within the water treatment unit industry; or

b. A laboratory certified under any state's water treatment unit law or regulation, provided that certification standards are at least as stringent as those of the state of New York, if any standards exist.

N.Y. Gen. Bus. Law § 350-G