Bill Text: NY A00217 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Passed) 2019-08-13 - SIGNED CHAP.165 [A00217 Detail]
Download: New_York-2019-A00217-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 217--A Cal. No. 44 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN, DINOWITZ, LUPARDO, SOLAGES, SIMON, BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT, WEPRIN, OTIS, GALEF, COLTON, JEAN-PIERRE, D'URSO, THIELE, GRIFFIN -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the general business law, in relation to the prohibition of the sale of crib bumper pads and the restriction of the use of such pads in certain settings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 399-ii to read as follows: 3 § 399-ii. Prohibit the sale of crib bumper pads and restrict use of 4 such pads in certain settings. 1. For the purposes of this section: (a) 5 "Crib" shall mean a bed or containment designated to accommodate an 6 infant. 7 (b) "Crib bumper pads" shall mean a pad or pads of a non-mesh material 8 resting directly above the mattress in a crib, running the surface area 9 of the crib or along the length of any of the interior sides of the 10 crib. "Crib bumper pad" does not include mesh liners. 11 (c) "Distributor" shall mean any person who delivers to a person other 12 than the purchaser, for the purpose of retail sale. 13 (d) "Manufacturer" shall mean any person who makes and places into the 14 stream of commerce a bumper pad as defined by this section. 15 (e) "Retailer" shall have the same meaning as set forth in subdivision 16 eleven of section four hundred ninety-a of this chapter. 17 (f) "Secondhand dealer" shall have the same meaning as set forth in 18 subdivision six of section four hundred ninety-a of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00621-04-9A. 217--A 2 1 (g) "Child care facility" shall mean any child day care provider as 2 defined in section three hundred ninety of the social services law or 3 child care program as defined in article forty-seven of the New York 4 city health code as authorized by section five hundred fifty-eight of 5 the New York city charter. 6 (h) "Place of public accommodation" shall mean any inn, hotel, motel, 7 motor court or other establishment that provides lodging to transient 8 guests. Such term shall not include an establishment treated as an 9 apartment building for purposes of any state or local law or regulation 10 or an establishment located within a building that contains not more 11 than five rooms for rent or hire and that is actually occupied as a 12 residence by the proprietor of such establishment. 13 (i) "Person" shall mean a natural person, firm, corporation, limited 14 liability company, association, or an employee or agent of a natural 15 person or an entity included in this definition. 16 2. No manufacturer, importer, distributor, wholesaler, retailer or 17 secondhand dealer shall sell, lease, offer for sale, or offer for lease 18 in this state any crib bumper pad as an accessory to a crib or as a 19 separate item. 20 3. (a) On or after the effective date of this section, no child care 21 facility or place of public accommodation shall use or have on the prem- 22 ises any crib bumper pads unless a medical professional has determined 23 that use of crib bumper pads is medically necessary for a particular 24 child using a crib in such child care facility or place of public accom- 25 modation. 26 (b) The office of children and family services, in consultation with 27 the city of New York department of health and mental hygiene, shall 28 notify child care facilities of the provisions of this subdivision in 29 plain, non-technical language. Such notice shall be given to every child 30 care facility upon the effective date of this section or as soon as 31 practicable thereafter, and such notice shall also be given to each 32 applicant for license or registration pursuant to section three hundred 33 ninety of the social services law. 34 (c) The office of children and family services shall promulgate rules 35 and regulations to carry out the provisions of this subdivision, with 36 respect to the ban on crib bumper pads in child care facilities. 37 4. Whenever there shall be a violation of subdivision two of this 38 section an application may be made by the attorney general in the name 39 of the people of the state of New York to a court or justice having 40 jurisdiction by a special proceeding to issue an injunction, and upon 41 notice to the defendant of not less than five days, to enjoin and 42 restrain the continuance of such violations; and if it shall appear to 43 the satisfaction of the court or justice that the defendant has, in 44 fact, violated this section, an injunction may be issued by the court or 45 justice, enjoining and restraining any further violations, without 46 requiring proof that any person has, in fact, been injured or damaged 47 thereby. In any such proceeding, the court may make allowances to the 48 attorney general as provided in paragraph six of subdivision (a) of 49 section eighty-three hundred three of the civil practice law and rules, 50 and direct restitution. Whenever the court shall determine that a 51 violation of subdivision two of this section has occurred, the court may 52 impose a civil penalty of not more than five hundred dollars for each 53 violation. Each sale of a crib bumper pad in violation of this section 54 shall constitute a separate violation. In connection with any such 55 proposed application, the attorney general is authorized to take proofA. 217--A 3 1 and make a determination of the relevant facts and to issue subpoenas in 2 accordance with the civil practice law and rules. 3 5. If any provision of this section or the application thereof to any 4 person or circumstance is held unconstitutional, such invalidity shall 5 not affect other provisions or applications of this section which can be 6 given effect without the invalid provision or application, and to this 7 end the provisions of this section are severable. 8 § 2. This act shall take effect on the sixtieth day after it shall 9 have become a law.