Bill Text: NY S07041 | 2015-2016 | 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: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S07041 Detail]
Download: New_York-2015-S07041-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7041--A Cal. No. 1076 IN SENATE March 18, 2016 ___________ Introduced by Sens. VENDITTO, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third read- ing, and to be reprinted as amended, retaining its place in 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 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. 19 (g) "Child care facility" shall mean any place subject to section 20 three hundred ninety of the social services law or article forty-seven 21 of the New York city health code as authorized by section five hundred 22 fifty-eight of the New York city charter. 23 (h) "Place of public accommodation" shall mean any inn, hotel, motel, 24 motor court or other establishment that provides lodging to transient 25 guests. Such term shall not include an establishment treated as an 26 apartment building for purposes of any state or local law or regulation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13325-12-6S. 7041--A 2 1 or an establishment located within a building that contains not more 2 than five rooms for rent or hire and that is actually occupied as a 3 residence by the proprietor of such establishment. 4 (i) "Person" shall mean a natural person, firm, corporation, limited 5 liability company, association, or an employee or agent of a natural 6 person or an entity included in this definition. 7 2. No manufacturer, importer, distributor, wholesaler, retailer or 8 secondhand dealer shall sell, lease, offer for sale, or offer for lease 9 in this state any crib bumper pad as an accessory to a crib or as a 10 separate item. 11 3. (a) On or after the effective date of this section, no child care 12 facility or place of public accommodation shall use or have on the prem- 13 ises any crib bumper pads. 14 (b) The office of children and family services, in consultation with 15 the city of New York department of health and mental hygiene, shall 16 notify child care facilities of the provisions of this subdivision in 17 plain, non-technical language that will enable each child care facility 18 to effectively identify and remove crib bumper pads. Such notice shall 19 be given to every child care facility upon the effective date of this 20 section or as soon as practicable thereafter, and such notice shall also 21 be given to each applicant for license or registration pursuant to 22 section three hundred ninety of the social services law. 23 (c) The office of children and family services shall promulgate rules 24 and regulations to carry out the provisions of this subdivision, with 25 respect to the ban on crib bumper pads in child care facilities. 26 4. Whenever there shall be a violation of subdivision two of this 27 section an application may be made by the attorney general in the name 28 of the people of the state of New York to a court or justice having 29 jurisdiction by a special proceeding to issue an injunction, and upon 30 notice to the defendant of not less than five days, to enjoin and 31 restrain the continuance of such violations; and if it shall appear to 32 the satisfaction of the court or justice that the defendant has, in 33 fact, violated this section, an injunction may be issued by the court or 34 justice, enjoining and restraining any further violations, without 35 requiring proof that any person has, in fact, been injured or damaged 36 thereby. In any such proceeding, the court may make allowances to the 37 attorney general as provided in paragraph six of subdivision (a) of 38 section eighty-three hundred three of the civil practice law and rules, 39 and direct restitution. Whenever the court shall determine that a 40 violation of subdivision two of this section has occurred, the court may 41 impose a civil penalty of not more than five hundred dollars for each 42 violation. Each sale of a crib bumper pad in violation of this section 43 shall constitute a separate violation. In connection with any such 44 proposed application, the attorney general is authorized to take proof 45 and make a determination of the relevant facts and to issue subpoenas in 46 accordance with the civil practice law and rules. 47 5. If any provision of this section or the application thereof to any 48 person or circumstance is held unconstitutional, such invalidity shall 49 not affect other provisions or applications of this section which can be 50 given effect without the invalid provision or application, and to this 51 end the provisions of this section are severable. 52 § 2. This act shall take effect on the sixtieth day after it shall 53 have become a law.
