STATE OF NEW YORK
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217--A
Cal. No. 44
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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Introduced by M. of A. PAULIN, DINOWITZ, LUPARDO, SOLAGES, SIMON,
BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT, WEPRIN, OTIS, GALEF, COLTON,
JEAN-PIERRE, D'URSO, THIELE, GRIFFIN -- read once and referred to the
Committee on Consumer Affairs and Protection -- reported and referred
to the Committee on Codes -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
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 a 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00621-04-9
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1 (g) "Child care facility" shall mean any child day care provider as
2 defined in section three hundred ninety of the social services law or
3 child care program as defined in article forty-seven of the New York
4 city health code as authorized by section five hundred fifty-eight of
5 the New York city charter.
6 (h) "Place of public accommodation" shall mean any inn, hotel, motel,
7 motor court or other establishment that provides lodging to transient
8 guests. Such term shall not include an establishment treated as an
9 apartment building for purposes of any state or local law or regulation
10 or an establishment located within a building that contains not more
11 than five rooms for rent or hire and that is actually occupied as a
12 residence by the proprietor of such establishment.
13 (i) "Person" shall mean a natural person, firm, corporation, limited
14 liability company, association, or an employee or agent of a natural
15 person or an entity included in this definition.
16 2. No manufacturer, importer, distributor, wholesaler, retailer or
17 secondhand dealer shall sell, lease, offer for sale, or offer for lease
18 in this state any crib bumper pad as an accessory to a crib or as a
19 separate item.
20 3. (a) On or after the effective date of this section, no child care
21 facility or place of public accommodation shall use or have on the prem-
22 ises any crib bumper pads unless a medical professional has determined
23 that use of crib bumper pads is medically necessary for a particular
24 child using a crib in such child care facility or place of public accom-
25 modation.
26 (b) The office of children and family services, in consultation with
27 the city of New York department of health and mental hygiene, shall
28 notify child care facilities of the provisions of this subdivision in
29 plain, non-technical language. Such notice shall be given to every child
30 care facility upon the effective date of this section or as soon as
31 practicable thereafter, and such notice shall also be given to each
32 applicant for license or registration pursuant to section three hundred
33 ninety of the social services law.
34 (c) The office of children and family services shall promulgate rules
35 and regulations to carry out the provisions of this subdivision, with
36 respect to the ban on crib bumper pads in child care facilities.
37 4. Whenever there shall be a violation of subdivision two of this
38 section an application may be made by the attorney general in the name
39 of the people of the state of New York to a court or justice having
40 jurisdiction by a special proceeding to issue an injunction, and upon
41 notice to the defendant of not less than five days, to enjoin and
42 restrain the continuance of such violations; and if it shall appear to
43 the satisfaction of the court or justice that the defendant has, in
44 fact, violated this section, an injunction may be issued by the court or
45 justice, enjoining and restraining any further violations, without
46 requiring proof that any person has, in fact, been injured or damaged
47 thereby. In any such proceeding, the court may make allowances to the
48 attorney general as provided in paragraph six of subdivision (a) of
49 section eighty-three hundred three of the civil practice law and rules,
50 and direct restitution. Whenever the court shall determine that a
51 violation of subdivision two of this section has occurred, the court may
52 impose a civil penalty of not more than five hundred dollars for each
53 violation. Each sale of a crib bumper pad in violation of this section
54 shall constitute a separate violation. In connection with any such
55 proposed application, the attorney general is authorized to take proof
A. 217--A 3
1 and make a determination of the relevant facts and to issue subpoenas in
2 accordance with the civil practice law and rules.
3 5. If any provision of this section or the application thereof to any
4 person or circumstance is held unconstitutional, such invalidity shall
5 not affect other provisions or applications of this section which can be
6 given effect without the invalid provision or application, and to this
7 end the provisions of this section are severable.
8 § 2. This act shall take effect on the sixtieth day after it shall
9 have become a law.
