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.
LBD13325-12-6
S. 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.