senate Bill S774A

Signed by Governor

Prohibits the sale of unsafe cribs and restricting the use of such cribs in certain settings

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 29 / Apr / 2013
    • 1ST REPORT CAL.439
  • 30 / Apr / 2013
    • 2ND REPORT CAL.
  • 01 / May / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 21 / May / 2013
    • RECALLED FROM ASSEMBLY
  • 21 / May / 2013
    • RETURNED TO SENATE
  • 21 / May / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 21 / May / 2013
    • AMENDED ON THIRD READING 774A
  • 03 / Jun / 2013
    • REPASSED SENATE
  • 03 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO CODES
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A460A
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.289
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.381
  • 27 / Sep / 2013
    • APPROVAL MEMO.2

Summary

Prohibits the sale of unsafe cribs and restricts the use of such cribs in certain settings.

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Bill Details

See Assembly Version of this Bill:
A460A
Versions:
S774
S774A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Amd ยง399-i, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S7568, A9437

Sponsor Memo

BILL NUMBER:S774A

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

PURPOSE: The purpose of this bill is to protect infants from
potential hazards associated with the use of cribs that do not meet
applicable safety standards.

SUMMARY OF PROVISIONS: This bill would conform New York's crib safety
law with recently enacted federal rules regarding the sale and use of
cribs. Specifically, the bill would prohibit, on or after December
28, 2013, the use of an unsafe crib by any child care facility or
place of public accommodation and require the Office of Children and
Family Services to notify child care facilities of such prohibition.
The bill would also make technical and conforming changes.

Chapter 245 of the Laws of 2010 prohibited the importation,
manufacture or sale of any crib that does not meet safety standards
established by the U.S. Consumer Product Safety Commission (CPSC) and
ASTM International. In December 2010, the CPSC adopted new crib safety
rules. In addition to enhancing crib design standards, these rules
prohibit the use of non-compliant cribs in certain childcare
facilities and places of public accommodation. This bill would conform
New York's law to the federal rule.

JUSTIFICATION: Chapter 245 of the Laws of 2010 prohibited the
importation, manufacture or sale of any crib that does not meet safety
standards established by the U.S. Consumer Product Safety Commission
(CPSC) and ASTM International. In December 2010, the CPSC adopted new
crib safety rules. In addition to enhancing crib design standards,
these rules prohibit the use of non-compliant cribs in certain
childcare facilities and places of public accommodation. This bill
would conform New York's law to the federal rule.

LEGISLATIVE HISTORY: 2012: Consumer Protection Committee/Passed
Assembly (S. 7568/ A. 9437)

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
which it shall have become a law.

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

                                 774--A
    Cal. No. 439

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO, KRUEGER, LAVALLE, O'BRIEN, STAVISKY --
  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,  ordered  to  a  third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  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 unsafe cribs and restricting the use of such cribs in certain
  settings

  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] THE sale of unsafe cribs AND RESTRICT  USE  OF
SUCH 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)  "CHILD  CARE  FACILITY"  SHALL  MEAN ANY PLACE SUBJECT TO SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR  ARTICLE  FORTY-SEVEN
OF  THE  NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE HUNDRED
FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
  (D) "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL,  MOTEL,
MOTOR  COURT  OR  OTHER ESTABLISHMENT THAT PROVIDES LODGING TO TRANSIENT
GUESTS. SUCH TERM SHALL NOT  INCLUDE  AN  ESTABLISHMENT  TREATED  AS  AN
APARTMENT  BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR REGULATION
OR AN ESTABLISHMENT LOCATED WITHIN A BUILDING  THAT  CONTAINS  NOT  MORE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01481-03-3

S. 774--A                           2

THAN  FIVE  ROOMS  FOR  RENT  OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
  (E)  "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)]  (F)  "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)] ASTM INTER-
NATIONAL (FORMERLY KNOWN AS THE AMERICAN SOCIETY FOR TESTING AND MATERI-
ALS), as follows:
  (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. (A) ON OR AFTER DECEMBER TWENTY-EIGHTH, TWO THOUSAND  THIRTEEN,  NO
CHILD  CARE  FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE
ON THE PREMISES AN UNSAFE CRIB. THIS SUBDIVISION SHALL NOT APPLY  TO  AN
ANTIQUE  OR COLLECTIBLE CRIB IF IT IS NOT USED BY, OR ACCESSIBLE TO, ANY
CHILD IN THE CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOMMODATION.
  (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  CONSULTATION  WITH
THE  NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL NOTIFY
CHILD CARE FACILITIES OF THE PROVISIONS OF THIS  SUBDIVISION  IN  PLAIN,
NON-TECHNICAL  LANGUAGE  THAT  WILL  ENABLE  EACH CHILD CARE FACILITY TO
EFFECTIVELY INSPECT AND IDENTIFY UNSAFE  CRIBS.  SUCH  NOTICE  SHALL  BE
GIVEN TO EVERY CHILD CARE FACILITY UPON THE EFFECTIVE DATE OF THIS ARTI-
CLE  OR AS SOON AS PRACTICABLE THEREAFTER, AND SUCH NOTICE SHALL ALSO BE
GIVEN TO EACH APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO  SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
  (C)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
  4. Whenever there shall be a violation  of  SUBDIVISION  TWO  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

S. 774--A                           3

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 restitution.  Whenever  the  court  shall  determine  that  a
violation of SUBDIVISION TWO OF this section has occurred, the court may
impose  a  civil  penalty of not more than one thousand dollars for each
violation. Each sale of an unsafe crib  in  violation  of  this  section
shall  constitute  a  separate  violation.   In connection with any such
proposed application, the attorney general is authorized to  take  proof
and make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice 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; provided that  the  office  of  children  and  family
services  is  authorized to promulgate any and all rules and regulations
and take any other measures necessary  to  implement  this  act  on  its
effective date on or before such date.

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