How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(8) § 1800. Definitions. As used in this article, the following terms shall have the following meanings: 1. "AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1)" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter. 2. "Chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2)" shall mean when an AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1) is embedded in or integrated with a children's toyChildren's toy"Children's toy" shall mean as defined in subdivision (g) of 15 USC § 2057c or any successor provision thereof.GBL § 1800(4). 3. "ChildChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3)" shall mean a natural person under the age of thirteen. 4. "Children's toyChildren's toy"Children's toy" shall mean as defined in subdivision (g) of 15 USC § 2057c or any successor provision thereof.GBL § 1800(4)" shall mean as defined in subdivision (g) of 15 USC § 2057c or any successor provision thereof. 5. "UserUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5)" shall mean any person who is a consumer of a chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2) and who is not an operatorOperator"Operator" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner thereof, who operates or provides an AI companion in a children's toy.GBL § 1800(6), agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy. 6. "OperatorOperator"Operator" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner thereof, who operates or provides an AI companion in a children's toy.GBL § 1800(6)" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner thereof, who operates or provides an AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1) in a children's toyChildren's toy"Children's toy" shall mean as defined in subdivision (g) of 15 USC § 2057c or any successor provision thereof.GBL § 1800(4). 7. "AI model trainingAI model training"AI model training" shall mean testing, validating, or fine tuning of an AI companion in a chatbot toy.GBL § 1800(7)" shall mean testing, validating, or fine tuning of an AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1) in a chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2). 8. "Data analyticsData analytics"Data analytics" shall mean the computational process of collecting, organizing, processing, or examining data to identify patterns, correlations, trends, or other meaningful information, for the purpose of extracting insights, supporting decision making, or generating predictions about users, groups, or systems, including but not limited to behavioral analytics, usage analytics, sentiment analytics, and inferential analytics related to a child user.GBL § 1800(8)" shall mean the computational process of collecting, organizing, processing, or examining data to identify patterns, correlations, trends, or other meaningful information, for the purpose of extracting insights, supporting decision making, or generating predictions about usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5), groups, or systems, including but not limited to behavioral analytics, usage analytics, sentiment analytics, and inferential analytics related to a childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5).
Section 1800 establishes the definitional framework for the chatbot toy prohibition. The key defined term is chatbot toy, which is the intersection of two concepts: an AI companion (cross-referenced to GBL § 1700(4) in Article 47) that is embedded in or integrated with a children's toy (cross-referenced to the federal Consumer Product Safety Improvement Act definition). The section also defines operator broadly to capture any person or entity — including affiliates, subsidiaries, and beneficial owners — that operates or provides the AI companion component of a chatbot toy.
The definition of child is notably set at under thirteen, aligning with COPPA's age threshold rather than the more common under-eighteen minor threshold used in most state AI legislation. The definitions of AI model training and data analytics are included primarily as vocabulary for the interagency study mandated by § 1802 rather than for the prohibition itself.
1 § 1801. Prohibition. No person, firm, corporation, association, partnership, business entity, or agent, employee, affiliate, beneficial owner, or subsidiary thereof, shall manufacture, exchange, hold for sale, distribute, or sell any chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2) in this state.
Section 1801 is the bill's core operative provision: a categorical ban on chatbot toys in New York. No person, firm, corporation, or other entity may manufacture, exchange, hold for sale, distribute, or sell any chatbot toy in the state. This is not a conditional regulation — it is an outright prohibition on the entire product category, covering every stage of the commercial chain from manufacturing through retail sale.
The prohibition is notable for its breadth. It reaches not only operators (the AI companion providers) but any entity in the supply chain, and it applies regardless of any safety measures, parental controls, or design features the product might incorporate. The interagency study under § 1802 is presumably intended to generate an evidence base that could inform whether the prohibition should be relaxed, modified, or made permanent when the five-year sunset arrives.
(1) 2 § 1802. Interagency study. 1. Within four years of the effective date of this article, the secretary of state, commissioner of mental health, attorney general, and head of the office of digital innovation, governance, integrity, and trust (DIGIT) shall produce a report on the potential risks and benefits that chatbot toysChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2) pose to childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) related to all of the following: (a) The educational value of chatbot toysChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2); (b) The potential for such toys to create emotional attachment and dependency in childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5); (c) The potential for such toys to replace human interaction for childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5); (d) The value and risks that such toys pose for childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) in different stages of childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) development, including how such toys may affect such development; (e) The effectiveness and navigability of parental controls for such toys that may offer features such as content filtering, time limits, displays of conversational history between a childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) and chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2), privacy controls, data collection limitations, or other features offered by the operator of the AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1) in such toy; (f) The actual adoption and utilization of such parental controls by parents of childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5); (g) The effectiveness, use, and implications of parental insight tools about childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) behavior, personality, and/or development; (h) How such toys produce, provoke, and/or respond to content that may reasonably be deemed inappropriate for a childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) considering such userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5)'s age; (i) How such toys respond to childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) prompts that indicate such childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) is in danger of physical or emotional harm; (j) Data collection and retention practices of such toy, including both data collected from active interactions with a childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) or other userUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) and data collected from a passive recording of a childChild"Child" shall mean a natural person under the age of thirteen.GBL § 1800(3) or other natural person; (k) Whether such data is sold, transferred, shared, or processed by a third party for transcription, analytics, AI model trainingAI model training"AI model training" shall mean testing, validating, or fine tuning of an AI companion in a chatbot toy.GBL § 1800(7), advertising, or other internal or external purposes; (l) How the practices described in paragraphs (j) and (k) of this subdivision may relate to existing obligations for chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2) operatorsOperator"Operator" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner thereof, who operates or provides an AI companion in a children's toy.GBL § 1800(6) under 15 USC § 6502 and article thirty-nine-FF of this chapter; (m) Cybersecurity practices of the chatbot toyChatbot toy"Chatbot toy" shall mean when an AI companion is embedded in or integrated with a children's toy.GBL § 1800(2) operatorOperator"Operator" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner thereof, who operates or provides an AI companion in a children's toy.GBL § 1800(6) to prevent and respond to data breaches; (n) The business model for AI companionAI companion"AI companion" shall have the same definition as set forth in subdivision four of section seventeen hundred of this chapter.GBL § 1800(1) toys, including whether such toys induce usersUser"User" shall mean any person who is a consumer of a chatbot toy and who is not an operator, agent, affiliate, developer, manufacturer, seller, reseller, distributor, or commercial provider of such toy.GBL § 1800(5) to purchase subscriptions, virtual currencies or goods, or paywalled content, or employ other monetization techniques; and (o) Any other factor deemed relevant by such secretary, commissioner, attorney general, and head, considering the underlying purpose of this article.
(2) 2 2. Such report shall be delivered to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate internet and technology committee, the chair of the assembly science and technology committee, and the chairs of the senate and assembly mental health committees within four years of the effective date of this article. Such report shall also be posted for public review in a clear and conspicuous manner online.
Section 1802 mandates a comprehensive interagency study to be completed within four years of the article's effective date. The study brings together four state officials — the Secretary of State, Commissioner of Mental Health, Attorney General, and head of the Office of Digital Innovation, Governance, Integrity, and Trust (DIGIT) — to examine fifteen enumerated factors covering the risks and benefits of chatbot toys for child users.
The study scope is notably broad, spanning educational value, emotional dependency, developmental effects, parental controls, data practices, cybersecurity, monetization models, and alignment with existing federal and state child privacy obligations (COPPA and NY GBL Article 39-FF). The report must be delivered to the Governor, legislative leadership, and relevant committee chairs, and must be posted publicly online. This study obligation applies to government agencies and creates no direct compliance duty for private entities.
§ 1803. Enforcement. Whenever the attorney general shall believe from evidence satisfactory to them that any person, firm, corporation, association, partnership, business entity, or agent, employee, affiliate, beneficial owner, or subsidiary thereof has violated any provision of this article, they may bring an action in the supreme court of the state of New York for a judgment enjoining the continuance of such violation and for a civil penalty of not more than fifteen thousand dollars per day for each violation. If it shall appear to the satisfaction of the court or justice that the defendant has violated section eighteen hundred one of this article, no proof shall be required that any person has been injured thereby. In such action preliminary relief may be granted under article sixty-three of the civil practice law and rules.
Section 1803 vests enforcement authority exclusively in the Attorney General, who may bring an action in Supreme Court for injunctive relief and civil penalties of up to $15,000 per day per violation. The provision expressly eliminates any requirement that the AG prove injury to any person — establishing the prohibition as a strict liability regulatory offense from an enforcement perspective. Preliminary injunctive relief is available under CPLR Article 63. There is no private right of action and no administrative enforcement mechanism.
§ 1804. Severability. If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this article would have been enacted even if such invalid provisions had not been included herein.
Standard severability clause providing that if any part of the article is invalidated by a court, the remainder continues in effect. The legislature declares its intent that the article would have been enacted even without the invalidated provisions.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law and shall expire and be deemed repealed five years after such effective date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
The act takes effect on the sixtieth day after it becomes law and contains a five-year sunset — the entire article expires and is deemed repealed five years after the effective date. Rulemaking authority is granted immediately upon enactment to allow agencies to promulgate implementing rules before the effective date.