S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6356

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   December 23, 2009
                                      ___________

       Introduced  by Sens. SALAND, FUSCHILLO, SKELOS -- read twice and ordered
         printed, and when printed to be committed to the Committee on Rules

       AN ACT to amend the general business law, in relation to prohibiting the
         sale of drop-side cribs

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Legislative intent. The legislature finds and declares all
    2  of the following:
    3    (a) Drop-side cribs are manufactured with three  immovable  sides  and
    4  one side that is able to slide up and down to allow for easier access to
    5  infants inside the crib.
    6    (b)  Drop-side cribs have more moving parts than cribs with four fixed
    7  sides, leading to an increased risk of separation of  one  side  of  the
    8  crib from the others and higher rates of other crib malfunctions.
    9    (c)  Frequently,  parents  are  unaware  that their drop-side crib has
   10  become unsafe because the crib's hardware malfunctions  in  a  way  that
   11  cannot be readily detected.
   12    (d)  Malfunctioning  drop-side  cribs  have been the cause of at least
   13  eleven infant deaths and many injuries throughout the United  States  in
   14  the past eighteen months.
   15    (e)  The injuries and deaths resulting from the use of drop-side cribs
   16  have resulted in increased investigations and numerous  recalls  by  the
   17  federal  consumer  product  safety commission, involving more than three
   18  million cribs.
   19    (f) In response to  these  concerns,  the  crib  making  industry  has
   20  proposed through the industry safety standards organization, ASTM Inter-
   21  national, banning the manufacture and sale of drop-side cribs.
   22    (g)  Currently,  the industry ban on the manufacture and sale of drop-
   23  side cribs is only voluntary and is not required by any  laws  or  regu-
   24  lations.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14959-04-9
       S. 6356                             2

    1    (h)  It  is  the intent of the legislature to ensure the protection of
    2  its youngest and most vulnerable residents from the  dangers  associated
    3  with  drop-side crib malfunctions. Therefore, the purpose of this act is
    4  to ban the sale of drop-side cribs.
    5    S 2. The general business law is amended by adding a new section 399-i
    6  to read as follows:
    7    S  399-I. PROHIBIT ANY SALE OF DROP-SIDE CRIBS. 1. FOR THE PURPOSES OF
    8  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    9    (A) "CRIB" MEANS A BED OR CONTAINMENT  DESIGNATED  TO  ACCOMMODATE  AN
   10  INFANT.
   11    (B)  "DROP-SIDE  CRIB"  SHALL  MEAN  ANY CRIB THAT HAS THREE IMMOVABLE
   12  SIDES, WITH A FOURTH SIDE THAT MOVES UP AND DOWN. THIS  TERM  SHALL  NOT
   13  INCLUDE  A CRIB THAT HAS FOUR IMMOVABLE SIDES WITH A PORTION OF ONE SIDE
   14  CAPABLE OF BEING FOLDED DOWN.
   15    (C) "PERSON" SHALL MEAN A NATURAL PERSON, FIRM,  CORPORATION,  LIMITED
   16  LIABILITY  COMPANY,  ASSOCIATION,  OR  AN EMPLOYEE OR AGENT OF A NATURAL
   17  PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   18    2. NO PERSON SHALL IMPORT, MANUFACTURE, SELL, HOLD OR OFFER FOR  SALE,
   19  OR DISTRIBUTE A DROP-SIDE CRIB.
   20    3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
   21  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
   22  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
   23  PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
   24  NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
   25  VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
   26  JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
   27  INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
   28  RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
   29  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
   30  PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
   31  PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
   32  HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
   33  TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
   34  SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
   35  THAN  ONE  THOUSAND DOLLARS FOR EACH VIOLATION. EACH SALE OF A DROP-SIDE
   36  CRIB IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.
   37  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY  GENERAL
   38  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE RELEVANT
   39  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
   40  AND RULES.
   41    4.  IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
   42  PERSON OR CIRCUMSTANCES IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY  SHALL
   43  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
   44  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
   45  END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   46    S 3. This act shall take effect on the ninetieth day  after  it  shall
   47  have become a law.