Senate Bill S6356B

Signed By Governor

2009-2010 Legislative Session

Prohibits the import, manufacture, sale and distribution of unsafe cribs

download bill text pdf

Archive: Last Bill Status Via A9223 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.245
Jul 19, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate 3rd reading cal.1265 substituted for s6356b
Jun 25, 2010	substituted by a9223c ordered to third reading cal.1265 committee discharged and committed to rules
Jun 03, 2010	print number 6356b
Jun 03, 2010	amend and recommit to codes
Apr 13, 2010	reported and committed to codes
Mar 23, 2010	print number 6356a
Mar 23, 2010	amend (t) and recommit to consumer protection
Jan 06, 2010	referred to consumer protection
Dec 23, 2009	referred to rules

Votes

- Jun 25, 2010 - Floor Vote
  A9223
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 25, 2010 - Rules Committee Vote
  S6356B
  
  Aye
  
  20
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 25, 2010
      
      aye (20)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Parker
      
      excused (2)
      
      LaValle
      
      Larkin
  Apr 13, 2010 - Consumer Protection Committee Vote
  S6356B
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Apr 13, 2010
      
      aye (10)
      
      Adams
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Savino

Bill Amendments

co-Sponsors

2009-S6356 - Details

See Assembly Version of this Bill:: A9223
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L

2009-S6356 - Summary

Prohibits the import, manufacture, sale and distribution of unsafe cribs.

2009-S6356 - Sponsor Memo

                                 BILL NUMBER:  S6356

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
the sale of drop-side cribs


 PURPOSE :
To prohibit the import, manufacture, sale and distribution of
drop-side cribs in the State of New York.

 SUMMARY OF PROVISIONS :
Section 1 - Legislative Intent

Section 2 - The General Business Law is amended by adding a new
section 399-i to prohibit the import, manufacture, sale, hold or offer
for sale or distribution of drop-side cribs in NYS; set forth
applicable definitions; authorize enforcement powers and procedures of
the NYS Attorney General in terms of violations; and create a civil
penalty structure for violations.

Section 3 - Sets for the effective date.

 EXISTING LAW :
There is no current statewide law banning the sale of drop-side cribs
in the State of New York.

 JUSTIFICATION :
Despite nationwide attention surrounding the deaths of eleven babies
as a result of the dangers associated with drop-side cribs, they are
still being sold in the marketplace as a safe and suitable sleeping
environment for infants, babies and toddlers. Even the new head of the
Consumer Product Safety Commission (CPSC) has stated that the Agency
"hasn't been acting as quickly as it should" on crib safety problems.
Therefore, New York State is being proactive and addressing this issue
now rather than waiting for possible new upcoming standards,
guidelines or worse yet, another child's death. It is important to
note that tragically two of the eleven deaths, reported by the CPSC,
occurred in the State of New York. One child died in the Bronx and the
other in the Gouverneur in St. Lawrence County.

According to the CPSC, due to the nature of the mechanisms of
drop-side cribs, the hardware can break or deform, causing the
drop-side to detach. When this occurs, a space is created between the
drop-side and the crib mattress. Infants and toddlers can easily roll
into this space and become entrapped which can lead to suffocation.
Other injuries associated with drop-side cribs include falls when the
side completely detaches which led to youngsters experiencing bumps,
bruises and concussions.

In addition, the ASTM Subcommittee on Full-Size Cribs has been
investigating incidents related to drop-sides on full-size cribs.
According to the ASTM, many of the incidents showed hardware failure
related to miss-assembly and re-assembly of the crib. This
subcommittee has been charged with consideration of revisions to the
standard that would eliminate such functional drop-sides, thereby
reducing the need for hardware assemblies and preventing any failures
related to the drop-sides on cribs.

Moreover, counties in New York State have already begun to ban the
sale of drop-side cribs.  Parents on Long Island who attribute their
infant sons' death to a defective drop-side crib have worked with the
county legislatures to ban the sale of these cribs in Suffolk and
Nassau counties.  Having one comprehensive statewide law will create a
consistent marketplace for consumers and stores which are preferable
to a number of local laws which may differ from locality to locality.
Therefore, this legislation would effectively prohibit the import,
manufacture, sale and distribution of drop-side cribs in New York
State.

 LEGISLATIVE HISTORY :
This is a new bill in 2009.

 FISCAL IMPLICATIONS :
None.

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

2009-S6356 - Bill Text download pdf

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

                                  6356

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 23, 2009
                               ___________

Introduced  by Sens. SALAND, FUSCHILLO, SKELOS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to prohibiting the
  sale of drop-side cribs

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

  Section  1. Legislative intent. The legislature finds and declares all
of the following:
  (a) Drop-side cribs are manufactured with three  immovable  sides  and
one side that is able to slide up and down to allow for easier access to
infants inside the crib.
  (b)  Drop-side cribs have more moving parts than cribs with four fixed
sides, leading to an increased risk of separation of  one  side  of  the
crib from the others and higher rates of other crib malfunctions.
  (c)  Frequently,  parents  are  unaware  that their drop-side crib has
become unsafe because the crib's hardware malfunctions  in  a  way  that
cannot be readily detected.
  (d)  Malfunctioning  drop-side  cribs  have been the cause of at least
eleven infant deaths and many injuries throughout the United  States  in
the past eighteen months.
  (e)  The injuries and deaths resulting from the use of drop-side cribs
have resulted in increased investigations and numerous  recalls  by  the
federal  consumer  product  safety commission, involving more than three
million cribs.
  (f) In response to  these  concerns,  the  crib  making  industry  has
proposed through the industry safety standards organization, ASTM Inter-
national, banning the manufacture and sale of drop-side cribs.
  (g)  Currently,  the industry ban on the manufacture and sale of drop-
side cribs is only voluntary and is not required by any  laws  or  regu-
lations.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14959-04-9

S. 6356                             2

  (h)  It  is  the intent of the legislature to ensure the protection of
its youngest and most vulnerable residents from the  dangers  associated
with  drop-side crib malfunctions. Therefore, the purpose of this act is
to ban the sale of drop-side cribs.
  S 2. The general business law is amended by adding a new section 399-i
to read as follows:
  S  399-I. PROHIBIT ANY SALE OF DROP-SIDE CRIBS. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "CRIB" MEANS A BED OR CONTAINMENT  DESIGNATED  TO  ACCOMMODATE  AN
INFANT.
  (B)  "DROP-SIDE  CRIB"  SHALL  MEAN  ANY CRIB THAT HAS THREE IMMOVABLE
SIDES, WITH A FOURTH SIDE THAT MOVES UP AND DOWN. THIS  TERM  SHALL  NOT
INCLUDE  A CRIB THAT HAS FOUR IMMOVABLE SIDES WITH A PORTION OF ONE SIDE
CAPABLE OF BEING FOLDED DOWN.
  (C) "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.
  2. NO PERSON SHALL IMPORT, MANUFACTURE, SELL, HOLD OR OFFER FOR  SALE,
OR DISTRIBUTE A DROP-SIDE CRIB.
  3.  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 OF A DROP-SIDE
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.  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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2009-S6356A - Details

See Assembly Version of this Bill:: A9223
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L

2009-S6356A - Summary

Prohibits the import, manufacture, sale and distribution of unsafe cribs.

2009-S6356A - Sponsor Memo

                                 BILL NUMBER:  S6356A

 TITLE OF BILL :

An act to amend the general business law, in relation to prohibiting
the sale of unsafe cribs


 PURPOSE :

To prohibit the import, sale, manufacture, hold or offering for sale
or distribution of any cribs in New York State that would be deemed
"unsafe".

 SUMMARY OF PROVISIONS :

Section One - Legislative Intent.

Section Two - The General Business Law is amended to create a new
section 399-i to define the term "unsafe crib" as any crib that does
not conform to the standards endorsed or established by the federal
Consumer Product Safety Commission (CPSC) and the standards endorsed
or established by the American Society for Testing and Materials
International (ASTM). Prohibits the import, manufacture, sale, hold or
offer for sale or distribution any cribs deemed "unsafe" in the State
of New York. Authorizes enforcement powers and procedures of the NYS

Attorney General as well as the creation of a civil penalty structure
for violations.

Section Three - Sets forth the effective date.

 EXISTING LAW :
There is no current state law that bans the sale of cribs in New York
State that do not meet the safety standards set forth in this
legislation.

 JUSTIFICATION :
Despite nationwide attention surrounding the deaths of twelve babies
as a result of the dangers posed by malfunctioning drop-side cribs,
they are still being sold in the marketplace as a safe and suitable
sleeping environment for infants, babies and toddlers. Even the new
Chair of the Consumer Product Safety Commission (CPSC) has stated that
the Agency "has not been acting as quickly as it should" on crib
safety problems. Therefore, New York State is being proactive and
addressing this issue now rather than waiting for possible new
upcoming standards, guidelines or worse yet, another child's death.
It is important to note that tragically two of the twelve deaths,
reported by the CPSC, occurred in the State of New York. One child
died in the Bronx and the other in Gouverneur, New York located in St.
Lawrence County.

According to the CPSC, due to the nature of the mechanisms of
drop-side cribs, the hardware can break or deform, causing the
drop-side to detach. When this occurs, a space is created between the
drop-side and the crib mattress. Infants and toddlers can easily roll
into this space and become entrapped which can lead to suffocation.
Other injuries associated with drop-side cribs include falls when the
side completely detaches which led to youngsters experiencing bumps,
bruises and concussions.

In addition, the American Society for Testing and Materials (ASTM)
Subcommittee on Full-Size Cribs has been investigating incidents
related to drop-sides on full-size cribs. According to the ASTM, many
of the incidents showed hardware failure related to miss-assembly and
re-assembly of the crib. This subcommittee was charged with
consideration of revisions to the standard and chose to change the
standard to eliminate such functional sides. Elimination of a
drop-side on cribs reduces the need for hardware assemblies and
prevents such sides from malfunctioning or failing.

Moreover, counties in New York State have begun adopting laws that ban
the sale of drop-side cribs. Parents on Long Island who attribute the
death of their infant son to a defective drop-side crib worked with
the county legislatures in Suffolk and Nassau counties to enact a law.
Rockland County has also enacted its own law. It is preferable to have
one comprehensive statewide law, which will create a consistent
marketplace for consumers and retailers, than a number of local laws
that differ from locality to locality.

Therefore, this legislation provides that all cribs being sold,
distributed, imported, manufactured, held or offered for sale in the
State of New York must meet the standards endorsed or established by
the CPSC and ASTM for safety and structural integrity. This will
include not only the elimination of drop-sides but also specifications
concerning corner posts, slats, mattress support and others.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

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

2009-S6356A - Bill Text download pdf

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

                                 6356--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 23, 2009
                               ___________

Introduced  by Sens. SALAND, FUSCHILLO, SKELOS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

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

  Section 1. Legislative intent. The legislature finds and declares  all
of the following:
  (a)  Drop-side  cribs  are manufactured with three immovable sides and
one side that is able to slide up and down to allow for easier access to
infants inside the crib.
  (b) Drop-side cribs have more moving parts than cribs with four  fixed
sides,  leading  to  an  increased risk of separation of one side of the
crib from the others and higher rates of other crib malfunctions.
  (c) Frequently, parents are unaware  that  their  drop-side  crib  has
become  unsafe  because  the  crib's hardware malfunctions in a way that
cannot be readily detected.
  (d) Malfunctioning drop-side cribs have been the  cause  of  at  least
twelve  infant  deaths and many injuries throughout the United States in
the past eighteen months.
  (e) The injuries and deaths resulting from the use of drop-side  cribs
have  resulted  in  increased investigations and numerous recalls by the
federal consumer product safety commission, involving  more  than  seven
million cribs.
  (f)  In  response  to  these  concerns,  the  crib making industry has
proposed through the industry safety standards organization, ASTM Inter-
national, banning the manufacture and sale of drop-side cribs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14959-05-0

S. 6356--A                          2

  (g) Currently, the industry ban on the manufacture and sale  of  drop-
side  cribs  is  only voluntary and is not required by any laws or regu-
lations.
  (h)  It  is  the intent of the legislature to ensure the protection of
its youngest and most vulnerable residents from the  dangers  associated
with  drop-side  and  other crib malfunctions. Therefore, the purpose of
this act is to ban the sale of  drop-side  and  other  unsafe  cribs  by
making  the  ASTM  International  standards and specifications regarding
corner post standards and structural integrity of cribs as well as Title
16 of the Code of Federal Regulations applicable to cribs.
  S 2. The general business law is amended by adding a new section 399-i
to read as follows:
  S 399-I. PROHIBIT ANY SALE OF UNSAFE CRIBS. 1.  FOR  THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CRIB"  MEANS  A  BED OR CONTAINMENT DESIGNATED TO ACCOMMODATE AN
INFANT.
  (B) "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.
  (C) "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 FEDER-
AL  REGULATIONS  AND  THE  STANDARDS ENDORSED OR ESTABLISHED BY AMERICAN
SOCIETY FOR TESTING AND MATERIALS INTERNATIONAL (ASTM), AS FOLLOWS:
  (I) PART 1508 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS  AND  ANY
REGULATIONS ADOPTED TO AMEND OR SUPPLEMENT SUCH PART;
  (II)  PART 1509 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. NO PERSON SHALL IMPORT, MANUFACTURE, SELL, HOLD OR OFFER FOR  SALE,
OR DISTRIBUTE AN UNSAFE CRIB.
  3.  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 OF AN UNSAFE
CRIB IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.

S. 6356--A                          3

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.  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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2009-S6356B (ACTIVE) - Details

See Assembly Version of this Bill:: A9223
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L

2009-S6356B (ACTIVE) - Summary

Prohibits the import, manufacture, sale and distribution of unsafe cribs.

2009-S6356B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6356B

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

PURPOSE:
To prohibit the import, sale, manufacture, hold or offering for sale or
distribution of any cribs in New York State that would be deemed
"unsafe".

SUMMARY OF PROVISIONS:

Section One - Legislative Intent.

Section Two - The General Business Law is amended to create a new
section 399-i to define the term "unsafe crib" as any crib that does not
conform to the standards endorsed or established by the federal Consumer
Product Safety Commission (CPSC) and the standards endorsed or estab-
lished by the American Society for Testing and Materials International
(ASTM). Prohibits the import, manufacture, sale, hold or offer for sale
or distribution any cribs deemed "unsafe" in the State of New York.
Authorizes enforcement powers and procedures of the NYS Attorney General
as well as the creation of a civil penalty structure for violations.

Section Three - Sets forth the effective date.

EXISTING LAW:
There is no current state law that bans the sale of cribs in New York
State that do not meet the safety standards set forth in this legis-
lation.

JUSTIFICATION:
Despite nationwide attention surrounding the deaths of twelve babies as
a result of the dangers posed by malfunctioning drop-side cribs, they
are still being sold in the marketplace as a safe and suitable sleeping
environment for infants, babies and toddlers. Even the new Chair of the
Consumer Product Safety Commission (CPSC) has stated that the Agency
"hasn't been acting as quickly as it should" on crib safety problems.
Therefore, New York State is being proactive and addressing this issue
now rather than waiting for possible new upcoming standards, guidelines
or worse yet, another child's death.  It is important to note that trag-
ically two of the twelve deaths, reported by the CPSC, occurred in the
State of New York. One child died in the Bronx and the other in Gouvern-
eur, New York located in St. Lawrence County.

According to the CPSC, due to the nature of the mechanisms of drop-side
cribs, the hardware can break or deform, causing the drop-side to
detach. When this occurs, a space is created between the drop-side and
the crib mattress. Infants and toddlers can easily roll into this space
and become entrapped which can lead to suffocation.  Other injuries

associated with drop-side cribs include falls when the side completely
detaches which led to youngsters experiencing bumps, bruises and concus-
sions.

In addition, the American Society for Testing and Materials (ASTM)
Subcommittee on Full-Size Cribs has been investigating incidents related
to drop-sides on full-size cribs. According to the ASTM, many of the
incidents showed hardware failure related to miss-assembly and re-assem-
bly of the crib. This subcommittee was charged with consideration of
revisions to the standard and chose to change the standard to eliminate
such functional sides. Elimination of a drop-side on cribs reduces the
need for hardware assemblies and prevents such sides from malfunctioning
or failing.

Moreover, counties in New York State have begun adopting laws that ban
the sale of drop-side cribs. Parents on Long Island who attribute the
death of their infant son to a defective drop-side crib worked with the
county legislatures in Suffolk and Nassau counties to enact a law. Rock-
land County has also enacted its own law. It is preferable to have one
comprehensive statewide law, which will create a consistent marketplace
for consumers and retailers, than a number of local laws that differ
from locality to locality.

Therefore, this legislation provides that all cribs being sold, distrib-
uted, imported, manufactured, held or offered for sale in the State of
New York must meet the standards endorsed or established by the CPSC and
ASTM for safety and structural integrity. This will include not only the
elimination of drop-sides but also specifications concerning comer
posts, slats, mattress support and others.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

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

2009-S6356B (ACTIVE) - Bill Text download pdf

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

                                 6356--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 23, 2009
                               ___________

Introduced by Sens. SALAND, FUSCHILLO, SKELOS, PERALTA -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Rules -- recommitted  to  the  Committee  on  Consumer  Protection  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  favorably  from said committee and committed to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

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

  Section 1. Legislative intent. The legislature finds and declares  all
of the following:
  (a)  Drop-side  cribs  are manufactured with three immovable sides and
one side that is able to slide up and down to allow for easier access to
infants inside the crib.
  (b) Drop-side cribs have more moving parts than cribs with four  fixed
sides,  leading  to  an  increased risk of separation of one side of the
crib from the others and higher rates of other crib malfunctions.
  (c) Frequently, parents are unaware  that  their  drop-side  crib  has
become  unsafe  because  the  crib's hardware malfunctions in a way that
cannot be readily detected.
  (d) Malfunctioning drop-side cribs have been the  cause  of  at  least
twelve  infant  deaths and many injuries throughout the United States in
the past eighteen months.
  (e) The injuries and deaths resulting from the use of drop-side  cribs
have  resulted  in  increased investigations and numerous recalls by the
federal consumer product safety commission, involving  more  than  seven
million cribs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14959-10-0

S. 6356--B                          2

  (f)  In  response  to  these  concerns,  the  crib making industry has
proposed through the industry safety standards organization, ASTM Inter-
national, banning the manufacture and sale of drop-side cribs.
  (g)  Currently,  the industry ban on the manufacture and sale of drop-
side cribs is only voluntary and is not required by any  laws  or  regu-
lations.
  (h)  It  is  the intent of the legislature to ensure the protection of
its youngest and most vulnerable residents from the  dangers  associated
with  drop-side  and  other crib malfunctions. Therefore, the purpose of
this act is to ban the sale of  drop-side  and  other  unsafe  cribs  by
making  the  ASTM  International  standards and specifications regarding
corner post standards and structural integrity of cribs as well as Title
16 of the Code of Federal Regulations applicable to cribs.
  S 2. The general business law is amended by adding a new section 399-i
to read as follows:
  S 399-I. PROHIBIT ANY SALE OF UNSAFE CRIBS. 1.  FOR  THE  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CRIB"  MEANS  A  BED OR CONTAINMENT DESIGNATED TO ACCOMMODATE AN
INFANT.
  (B) "DISTRIBUTE" MEANS TO DELIVER TO A PERSON OTHER THAN THE  PURCHAS-
ER, FOR THE PURPOSE OF RETAIL SALE.
  (C)  "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)  "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 FEDER-
AL REGULATIONS AND THE STANDARDS ENDORSED  OR  ESTABLISHED  BY  AMERICAN
SOCIETY FOR TESTING AND MATERIALS INTERNATIONAL (ASTM), AS FOLLOWS:
  (I)  PART  1508 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS AND ANY
REGULATIONS ADOPTED TO AMEND OR SUPPLEMENT SUCH PART;
  (II) PART 1509 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.  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

S. 6356--B                          3

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 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.  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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S6356B

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