Assembly Bill A624C

2019-2020 Legislative Session

Relates to prohibiting the sale of infant walkers and restricting the use of such infant walkers in certain settings

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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
Jan 30, 2020	advanced to third reading cal.352
Jan 28, 2020	reported
Jan 08, 2020	referred to codes
Jun 12, 2019	print number 624c
Jun 12, 2019	amend and recommit to codes
May 30, 2019	reported referred to codes
May 16, 2019	print number 624b
May 16, 2019	amend and recommit to consumer affairs and protection
Mar 18, 2019	print number 624a
Mar 18, 2019	amend and recommit to consumer affairs and protection
Jan 09, 2019	referred to consumer affairs and protection

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2019-A624 - Details

See Senate Version of this Bill:: S2128
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: A564, S111
2023-2024: A325, S5643
2025-2026: A268, S123

2019-A624 - Summary

Prohibits the sale of infant walkers and restricts the use of such infant walkers in certain settings.

2019-A624 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    624
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
   GOTTFRIED, WEPRIN, PHEFFER AMATO, SIMON, LAWRENCE  --  read  once  and
   referred to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale  of infant walkers and restricting the use of such infant walkers
   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-k to read as follows:
   §  399-K. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF SUCH
 WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "INFANT WALKER" SHALL MEAN AN INFANT WALKER OR BABY WALKER,  WHICH
 ARE  DEVICES  THAT  ARE  MANUFACTURED  TO FACILITATE WALKING MOBILITY IN
 INFANTS AND BABIES.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT WALKER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (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) "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
 A                                                          LBD01675-01-9

 A. 624                              2
 
   2. NO MANUFACTURER, IMPORTER,  DISTRIBUTOR,  WHOLESALER,  RETAILER  OR
 SECONDHAND  DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR LEASE
 IN THIS STATE ANY INFANT WALKER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  WALKER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT  USE OF AN INFANT WALKER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (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. 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 INFANT WALKERS IN CHILD CARE FACILITIES.
   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
 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 FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION. EACH SALE OF AN INFANT WALKER 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.
   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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2019-A624A - Details

See Senate Version of this Bill:: S2128
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: A564, S111
2023-2024: A325, S5643
2025-2026: A268, S123

2019-A624A - Summary

Prohibits the sale of infant walkers and restricts the use of such infant walkers in certain settings.

2019-A624A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  624--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
   GOTTFRIED, WEPRIN, PHEFFER AMATO, SIMON, LAWRENCE  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   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 infant walkers and restricting the use of such infant walkers
   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-k to read as follows:
   §  399-K. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF SUCH
 WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "INFANT WALKER" SHALL MEAN DEVICES THAT ARE MANUFACTURED TO FACIL-
 ITATE WALKING MOBILITY IN INFANTS AND BABIES.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT WALKER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01675-02-9

 A. 624--A                           2
 
   (G) "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 INFANT WALKER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  WALKER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT  USE OF AN INFANT WALKER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (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. 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 INFANT WALKERS IN CHILD CARE FACILITIES.
   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
 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 FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION. EACH SALE OF AN INFANT WALKER 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.
   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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2019-A624B - Details

See Senate Version of this Bill:: S2128
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: A564, S111
2023-2024: A325, S5643
2025-2026: A268, S123

2019-A624B - Summary

Prohibits the sale of infant walkers and restricts the use of such infant walkers in certain settings.

2019-A624B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  624--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
   GOTTFRIED, WEPRIN, PHEFFER AMATO, SIMON, LAWRENCE  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale  of infant walkers and restricting the use of such infant walkers
   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-k to read as follows:
   §  399-K. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF SUCH
 WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "INFANT WALKER" SHALL MEAN DEVICES THAT ARE MANUFACTURED TO FACIL-
 ITATE WALKING MOBILITY IN INFANTS AND BABIES.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT WALKER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F)  "CHILD  CARE  FACILITY" SHALL MEAN ANY CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL  SERVICES  LAW  OR
 CHILD  CARE  PROGRAM  AS  DEFINED IN ARTICLE FORTY-SEVEN OF THE NEW YORK

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

                                                            LBD01675-04-9

 A. 624--B                           2
 
 CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE  HUNDRED  FIFTY-EIGHT  OF
 THE NEW YORK CITY CHARTER.
   (G)  "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 INFANT WALKER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  WALKER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT  USE OF AN INFANT WALKER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (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. 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 INFANT WALKERS IN CHILD CARE FACILITIES.
   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
 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 FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION. EACH SALE OF AN INFANT WALKER 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.
   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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2019-A624C (ACTIVE) - Details

See Senate Version of this Bill:: S2128
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: A564, S111
2023-2024: A325, S5643
2025-2026: A268, S123

2019-A624C (ACTIVE) - Summary

Prohibits the sale of infant walkers and restricts the use of such infant walkers in certain settings.

2019-A624C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  624--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
   GOTTFRIED, WEPRIN, PHEFFER AMATO, SIMON, LAWRENCE  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  --  reported  and  referred  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 infant walkers and restricting the use of such infant walkers
   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-k to read as follows:
   §  399-K. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF SUCH
 WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "INFANT WALKER" SHALL MEAN A MOBILE UNIT THAT ENABLES A  CHILD  TO
 MOVE  ON  A  HORIZONTAL  SURFACE WHEN PROPELLED BY SUCH CHILD WHILE SUCH
 CHILD IS SITTING OR STANDING WITHIN SUCH MOBILE UNIT.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT WALKER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F)  "CHILD  CARE  FACILITY" SHALL MEAN ANY CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL  SERVICES  LAW  OR
 CHILD  CARE  PROGRAM  AS  DEFINED IN ARTICLE FORTY-SEVEN OF THE NEW YORK

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01675-06-9

 A. 624--C                           2
 
 CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE  HUNDRED  FIFTY-EIGHT  OF
 THE NEW YORK CITY CHARTER.
   (G)  "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 INFANT WALKER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  WALKER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT  USE OF AN INFANT WALKER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (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. 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 INFANT WALKERS IN CHILD CARE FACILITIES.
   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
 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 FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION. EACH SALE OF AN INFANT WALKER 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.
   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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.

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David McDonough

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Rebecca Seawright

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Rebecca Seawright

Jeffrey Dinowitz

Patricia Fahy

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Patricia Fahy

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