S T A T E O F N E W Y O R K
________________________________________________________________________
9186
I N A S S E M B L Y
February 2, 2016
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Introduced by M. of A. PAULIN, DINOWITZ, LUPARDO, SOLAGES, SIMON,
BUCHWALD, ARROYO, McDONOUGH -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the prohibition
of the sale of crib bumper pads and the restriction of the use of such
pads in certain settings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-ii to read as follows:
S 399-II. PROHIBIT THE SALE OF CRIB BUMPER PADS AND RESTRICT USE OF
SUCH PADS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION: (A)
"CRIB" SHALL MEAN A BED OR CONTAINMENT DESIGNATED TO ACCOMMODATE AN
INFANT.
(B) "CRIB BUMPER PADS" SHALL MEAN A PAD OR PADS OF NON-MESH MATERIAL
RESTING DIRECTLY ABOVE THE MATTRESS IN A CRIB, RUNNING THE SURFACE AREA
OF THE CRIB OR ALONG THE LENGTH OF ANY OF THE INTERIOR SIDES OF THE
CRIB. "CRIB BUMPER PAD" DOES NOT INCLUDE MESH LINERS.
(C) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
(D) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
STREAM OF COMMERCE A BUMPER PAD AS DEFINED BY THIS SECTION.
(E) "RETAILER" MEANS ANY PERSON OTHER THAN A MANUFACTURER, DISTRIBU-
TOR, OR WHOLESALER WHO SELLS, LEASES, OR SUBLETS CRIB BUMPER PADS.
(F) "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.
(G) "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.
LBD13325-02-6
A. 9186 2
THAN FIVE ROOMS FOR RENT OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
(H) "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 COMMERCIAL DEALER, MANUFACTURER, IMPORTER, DISTRIBUTOR, WHOLE-
SALER, OR RETAILER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR LEASE
IN THIS STATE ANY CRIB BUMPER PAD AS AN ACCESSORY TO A CRIB OR AS A
SEPARATE ITEM. USE OF CRIB BUMPER PADS SHALL ALSO BE PROHIBITED AT ALL
CHILD CARE FACILITIES AND PLACES OF PUBLIC ACCOMMODATION IN THIS STATE.
3. (A) ON OR AFTER DECEMBER FIRST, TWO THOUSAND SIXTEEN, NO CHILD CARE
FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE ON THE PREM-
ISES ANY CRIB BUMPER PADS.
(B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
THE CITY OF NEW YORK 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 IDENTIFY AND REMOVE CRIB BUMPER PADS. SUCH NOTICE SHALL
BE GIVEN TO EVERY CHILD CARE FACILITY UPON THE EFFECTIVE DATE OF THIS
SECTION 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, WITH
RESPECT TO THE BAN ON CRIB BUMPER PADS IN CHILD CARE FACILITIES.
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 SUBDIVISION
TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY
OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. EACH SALE OF
A CRIB BUMPER PAD IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPA-
RATE 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.
5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCE 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 immediately.