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
                               ___________

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.

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

                                 9186--A

                          I N  A S S E M B L Y

                            February 2, 2016
                               ___________

Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  LUPARDO, SOLAGES, SIMON,
  BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT -- read once  and  referred  to
  the  Committee  on  Consumer  Affairs  and  Protection -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
  (F) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
  (G)  "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.
  (H) "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
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13325-05-6

A. 9186--A                          2

OR AN ESTABLISHMENT LOCATED WITHIN A BUILDING  THAT  CONTAINS  NOT  MORE
THAN  FIVE  ROOMS  FOR  RENT  OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
  (I)  "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  MANUFACTURER,  IMPORTER,  DISTRIBUTOR, WHOLESALER, RETAILER OR
SECONDHAND DEALER 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 THE EFFECTIVE DATE OF THIS SECTION, 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 on the sixtieth day after it shall
have become a law.