Bill Text: NY S03172 | 2023-2024 | General Assembly | Introduced


Bill Title: Prohibits the sale of infant loungers; restricts the use of such infant loungers in certain settings; defines an infant lounger to mean a padded pillow or cushioned product, sometimes with a lower indented region, used to support or hug an infant as it lies face up, primarily intended and marketed for the support of an infant while awake.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S03172 Detail]

Download: New_York-2023-S03172-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3172

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          sale of infant loungers and restricting the use of such  infant  loun-
          gers 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-iii to read as follows:
     3    § 399-iii.  Prohibit the sale of infant loungers and restrict  use  of
     4  such  infant  loungers  in certain settings. 1. For the purposes of this
     5  section: (a) "Infant lounger" shall mean a padded  pillow  or  cushioned
     6  product,  sometimes with a lower indented region, used to support or hug
     7  an infant as it lies face up, primarily intended and  marketed  for  the
     8  support of an infant while awake.
     9    (b) "Distributor" shall mean any person who delivers to a person other
    10  than the purchaser, for the purpose of retail sale.
    11    (c) "Manufacturer" shall mean any person who makes and places into the
    12  stream of commerce an infant lounger as defined by this section.
    13    (d) "Retailer" shall have the same meaning as set forth in subdivision
    14  eleven of section four hundred ninety-a of this chapter.
    15    (e)  "Secondhand  dealer"  shall have the same meaning as set forth in
    16  subdivision six of section four hundred ninety-a of this chapter.
    17    (f) "Child care facility" shall mean any child day  care  provider  as
    18  defined  in  section  three hundred ninety of the social services law or
    19  child care program as defined in article forty-seven  of  the  New  York
    20  city  health  code  as authorized by section five hundred fifty-eight of
    21  the New York city charter.
    22    (g) "Person" shall mean a natural person, firm,  corporation,  limited
    23  liability  company,  association,  or  an employee or agent of a natural
    24  person or an entity included in this definition.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05329-01-3

        S. 3172                             2

     1    2. No manufacturer, importer,  distributor,  wholesaler,  retailer  or
     2  secondhand  dealer shall sell, lease, offer for sale, or offer for lease
     3  in this state any infant lounger.
     4    3.  (a)  On or after the effective date of this section, no child care
     5  facility shall use or have on the premises any infant lounger  unless  a
     6  medical  professional  has  determined  that use of an infant lounger is
     7  medically necessary for a particular child in such child care facility.
     8    (b) The office of children and family services, in  consultation  with
     9  the  city  of  New  York  department of health and mental hygiene, shall
    10  notify child care facilities of the provisions of  this  subdivision  in
    11  plain, non-technical language. Such notice shall be given to every child
    12  care  facility  upon  the  effective  date of this section or as soon as
    13  practicable thereafter, and such notice shall  also  be  given  to  each
    14  applicant  for license or registration pursuant to section three hundred
    15  ninety of the social services law.
    16    (c) The office of children and family services shall promulgate  rules
    17  and  regulations  to  carry out the provisions of this subdivision, with
    18  respect to the ban on infant loungers in child care facilities.
    19    4. Whenever there shall be a violation  of  subdivision  two  of  this
    20  section  an  application may be made by the attorney general in the name
    21  of the people of the state of New York to  a  court  or  justice  having
    22  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    23  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    24  restrain  the  continuance of such violations; and if it shall appear to
    25  the satisfaction of the court or justice  that  the  defendant  has,  in
    26  fact, violated this section, an injunction may be issued by the court or
    27  justice,  enjoining  and  restraining  any  further  violations, without
    28  requiring proof that any person has, in fact, been  injured  or  damaged
    29  thereby.  In  any  such proceeding, the court may make allowances to the
    30  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    31  section  eighty-three hundred three of the civil practice law and rules,
    32  and direct restitution.  Whenever  the  court  shall  determine  that  a
    33  violation of subdivision two of this section has occurred, the court may
    34  impose  a  civil  penalty of not more than five hundred dollars for each
    35  violation. Each sale of an infant lounger in violation of  this  section
    36  shall  constitute  a  separate  violation.  In  connection with any such
    37  proposed application, the attorney general is authorized to  take  proof
    38  and make a determination of the relevant facts and to issue subpoenas in
    39  accordance with the civil practice law and rules.
    40    5.  If any provision of this section or the application thereof to any
    41  person or circumstance is held unconstitutional, such  invalidity  shall
    42  not affect other provisions or applications of this section which can be
    43  given  effect  without the invalid provision or application, and to this
    44  end the provisions of this section are severable.
    45    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    46  have become a law.
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