STATE OF NEW YORK
________________________________________________________________________
5643--A
Cal. No. 1076
2023-2024 Regular Sessions
IN SENATE
March 10, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
recommitted to the Committee on Consumer Protection in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general business law, in relation to prohibiting the
sale of infant walkers and restricting the use of such infant walkers
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-kk to read as follows:
3 § 399-kk. Prohibit the sale of infant walkers and restrict use of such
4 walkers in certain settings. 1. For the purposes of this section:
5 (a) "Infant walker" shall mean a fully enclosed mobile unit with a
6 seated area and wheeled based that enables a child to move on a horizon-
7 tal surface when propelled by such child while seated or standing within
8 the enclosed unit.
9 (b) "Distributor" shall mean any person who delivers to a person other
10 than purchaser, for the purpose of retail sale.
11 (c) "Manufacturer" shall mean any person who makes and places into the
12 stream of commerce an infant walker as defined by this section.
13 (d) "Retailer" shall have the same meaning as set forth in subdivision
14 eleven of section four hundred ninety-a of this chapter.
15 (e) "Secondhand dealer" shall have the same meaning as set forth in
16 subdivision six of section four hundred ninety-a of this chapter.
17 (f) "Child care facility" shall mean any child day care provider as
18 defined in section three hundred ninety of the social services law or
19 child care program as defined in article forty-seven of the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01652-04-4
S. 5643--A 2
1 city health code as authorized by section five hundred fifty-eight of
2 the New York city charter.
3 (g) "Person" shall mean a natural person, firm, corporation, limited
4 liability company, association, or an employee or agent of a natural
5 person or an entity included in this definition.
6 2. No manufacturer, importer, distributor, wholesaler, retailer or
7 secondhand dealer shall sell, lease, offer for sale, or offer for lease
8 in this state any infant walker.
9 3. (a) On or after the effective date of this section, no child care
10 facility shall use or have on the premises any infant walker unless a
11 medical professional has determined that use of an infant walker is
12 medically necessary for a particular child in such child care facility.
13 (b) The office of children and family services, in consultation with
14 the city of New York department of health and mental hygiene, shall
15 notify child care facilities of the provisions of this subdivision in
16 plain, non-technical language. Such notice shall be given to every child
17 care facility upon the effective date of this section or as soon as
18 practicable thereafter, and such notice shall also be given to each
19 applicant for license or registration pursuant to section three hundred
20 ninety of the social services law.
21 (c) The office of children and family services shall promulgate rules
22 and regulations to carry out the provisions of this subdivision, with
23 respect to the ban on infant walkers in child care facilities.
24 4. Whenever there shall be a violation of subdivision two of this
25 section an application may be made by the attorney general in the name
26 of the people of the state of New York to a court or justice having
27 jurisdiction by a special proceeding to issue an injunction, and upon
28 notice to the defendant of not less than five days, to enjoin and
29 restrain the continuance of such violations; and if it shall appear to
30 the satisfaction of the court or justice that the defendant has, in
31 fact, violated this section, an injunction may be issued by the court or
32 justice, enjoining and restraining any further violations, without
33 requiring proof that any person has, in fact, been injured or damaged
34 thereby. In any such proceeding, the court may make allowances to the
35 attorney general as provided in paragraph six of subdivision (a) of
36 section eighty-three hundred three of the civil practice law and rules,
37 and direct restitution. Whenever the court shall determine that a
38 violation of subdivision two of this section has occurred, the court may
39 impose a civil penalty of not more than five hundred dollars for each
40 violation. Each sale of an infant walker in violation of this section
41 shall constitute a separate violation. In connection with any such
42 proposed application, the attorney general is authorized to take proof
43 and make a determination of the relevant facts and to issue subpoenas in
44 accordance with the civil practice law and rules.
45 5. If any provision of this section or the application thereof to any
46 person or circumstance is held unconstitutional, such invalidity shall
47 not affect other provisions or applications of this section which can be
48 given effect without the invalid provision or application, and to this
49 end the provisions of this section are severable.
50 § 2. This act shall take effect on the ninetieth day after it shall
51 have become a law. Effective immediately, the addition, amendment and/or
52 repeal of any rule or regulation necessary for the implementation of
53 this act on its effective date are authorized and directed to be made
54 and completed on or before such effective date.
