S T A T E O F N E W Y O R K
Cal. No. 439
2013-2014 Regular Sessions
I N S E N A T E
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
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.
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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  1219 of Title 16 of the Code of Federal Regulations
and any regulations adopted to amend or supplement such part;
(ii) Part  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
(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
(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.