senate Bill S4103A

Prohibits the sale and use of unsafe cribs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Mar / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 06 / Apr / 2011
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 06 / Apr / 2011
    • PRINT NUMBER 4103A
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Prohibits the sale and use of unsafe cribs.

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Bill Details

Versions:
S4103
S4103A
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §399-i, Gen Bus L

Sponsor Memo

BILL NUMBER:S4103A

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale and use
of unsafe cribs

PURPOSE OR GENERAL IDEA OF BILL:
This legislation requires facilities which use cribs, such as hotels
or child care centers to be in compliance with regulations enacted by
the Consumer Product safety commission by December of 2012.

SUMMARY OF PROVISIONS:
Section One amends Section 399-i of the general business law, as added
by chapter 245 of the laws of 2010, adding the requirement that
facilities which use cribs may not use drop side cribs, and these
facilities must comply with all federal regulations within one year
and six months of the effective date of this legislation.
Section Two is the effective date.

JUSTIFICATION:
Drop side cribs have been in use for decades but have recently come
under scrutiny because of the grave danger they pose to children.
Manufacturing or assembly problems can lead to the drop side becoming
detached, creating a gap where children can become trapped and
potentially suffocated or strangled. In the past decade, over 30
fatalities have resulted from faulty drop side cribs.
In December, the Consumer product safety Commission (CPSC) banned the
manufacture, sale and resale of these cribs in a unanimous vote.
After June of 2011, drop side cribs can no longer be sold legally in
the United States. While the CPSC regulation prohibits the use of
drop-side cribs in facilities using cribs, such as day care centers
and hotels, these facilities have until December 28, 2012 to purchase
and institute fixed side cribs.
New York State general business law· already recognizes crib safety
measures as enacted by the CPSC. This legislation adds the
requirement that facilities which use drop side cribs must be in
compliance by December 28, 2012.

LEGISLATIVE HISTORY:
New BILL.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
Facilities who use cribs must be in compliance within 18 months of the
effective date.

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

                                 4103--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to  the  sale  and
  use of unsafe cribs

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

  Section 1. Section 399-i of the general  business  law,  as  added  by
chapter 245 of the laws of 2010, is amended to read as follows:
  S  399-i. Prohibit [any] sale AND LIMIT USE of unsafe cribs IN CERTAIN
SETTINGS.  1. For the purposes of  this  section,  the  following  terms
shall have the following meanings:
  (a)  "Crib"  [means]  SHALL  MEAN  a  bed or containment designated to
accommodate an infant.
  (b) "Distribute" [means] SHALL MEAN to deliver to a person other  than
the purchaser, for the purpose of retail sale.
  (c) "FACILITY" SHALL MEAN ANY CHILD DAY CARE, CHILD DAY CARE PROVIDER,
CHILD DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, SCHOOL AGE CHILD CARE
OR FAMILY DAY CARE HOME, AS SUCH TERMS ARE DEFINED BY SUBDIVISION ONE OF
SECTION  THREE  HUNDRED  NINETY  OF  THE  SOCIAL  SERVICES LAW. THE TERM
"FACILITY" SHALL NOT INCLUDE ANY PRIVATE RESIDENCE.
  (D) "Person" shall mean a natural person, firm,  corporation,  limited
liability  company,  association,  or  an employee or agent of a natural
person or an entity included in this definition.
  [(d)] (E) "Unsafe crib" shall mean any crib that does not  conform  to
the  standards  endorsed  or established by the federal Consumer Product
Safety Commission including, but not limited to, Title 16 of the Code of
Federal Regulations and the standards endorsed or established by  Ameri-
can Society for Testing and Materials International (ASTM), as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09801-03-1

S. 4103--A                          2

  (i)  Part  [1508]  1219 of Title 16 of the Code of Federal Regulations
and any regulations adopted to amend or supplement such part;
  (ii)  Part  [1509] 1220 of Title 16 of the Code of Federal Regulations
and any regulations adopted to amend or supplement such part;
  (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any
regulations adopted to amend or supplement such part; and
  (iv) The following standards and specifications of ASTM  International
for  corner  posts  of baby cribs and structural integrity of baby cribs
and any standards and specifications adopted to amend or supplement such
standards:
  (A) ASTM F 966 (corner post standard),
  (B) ASTM F 1169 (structural integrity of full-size baby cribs), and
  (C) ASTM F 406 (non-full-size cribs).
  2. (a) No person shall import, manufacture, or  distribute  an  unsafe
crib.
  (b)  No  retailer,  as  defined  in subdivision eleven of section four
hundred ninety-a of this chapter, or secondhand dealer,  as  defined  in
subdivision  six of section four hundred ninety-a of this chapter, shall
sell, lease or otherwise make available an unsafe crib.
  3. ON AND AFTER  DECEMBER  TWENTY-EIGHTH,  TWO  THOUSAND  TWELVE,  ANY
FACILITY  USING  CRIBS  MAY NOT USE AN UNSAFE CRIB. ALL CRIBS WITHIN ANY
SUCH FACILITY MUST BE IN COMPLIANCE WITH THE FEDERAL REGULATIONS BY SUCH
DATE.
  4. Whenever there shall be a violation of this section an  application
may  be  made  by  the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction by a special
proceeding to issue an injunction, and upon notice to the  defendant  of
not  less than five days, to enjoin and restrain the continuance of such
violations; and if it shall appear to the satisfaction of the  court  or
justice  that  the  defendant  has,  in  fact, violated this section, an
injunction may  be  issued  by  the  court  or  justice,  enjoining  and
restraining  any  further  violations,  without requiring proof that any
person has, in fact, been  injured  or  damaged  thereby.  In  any  such
proceeding,  the  court  may  make allowances to the attorney general as
provided in paragraph six of subdivision  (a)  of  section  eighty-three
hundred  three  of the civil practice law and rules, and direct restitu-
tion. Whenever the court  shall  determine  that  a  violation  of  this
section  has  occurred, the court may impose a civil penalty of not more
than one thousand dollars for each violation.  Each sale OR  USE  of  an
unsafe  crib  in  violation  of this section shall constitute a separate
violation.  In connection with any such proposed application, the attor-
ney general is authorized to take proof and make a determination of  the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules.
  [4.] 5. If any provision of this section or the application thereof to
any  person  or  circumstances is held unconstitutional, such invalidity
shall not affect other provisions or applications of this section  which
can be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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