STATE OF NEW YORK ________________________________________________________________________ 7041 IN SENATE March 18, 2016 ___________ Introduced by Sen. VENDITTO -- 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 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" means any person other than a manufacturer, distribu- 16 tor, or wholesaler who sells, leases, or sublets crib bumper pads. 17 (f) "Child care facility" shall mean any place subject to section 18 three hundred ninety of the social services law or article forty-seven 19 of the New York city health code as authorized by section five hundred 20 fifty-eight of the New York city charter. 21 (g) "Place of public accommodation" shall mean any inn, hotel, motel, 22 motor court or other establishment that provides lodging to transient 23 guests. Such term shall not include an establishment treated as an 24 apartment building for purposes of any state or local law or regulation 25 or an establishment located within a building that contains not more 26 than five rooms for rent or hire and that is actually occupied as a 27 residence by the proprietor of such establishment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13325-02-6