NY State Senate Bill S2128C

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Oct 11, 2019	print number 2128c
Oct 11, 2019	amend and recommit to consumer protection
May 15, 2019	print number 2128b
May 15, 2019	amend and recommit to consumer protection
Mar 18, 2019	print number 2128a
Mar 18, 2019	amend and recommit to consumer protection
Jan 22, 2019	referred to consumer protection

Bill Amendments

Original

C (Active)

Original

C (Active)

S2128 - Details

See Assembly Version of this Bill:: A624
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: S111, A564
2023-2024: S5643, A325

S2128 - Summary

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

S2128 - Sponsor Memo

 
BILL NUMBER: S2128

SPONSOR: THOMAS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant walkers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section 399-k.
This section includes a definitions section and establishes a ban on
sales, leases, or offers for sale or lease of infant walkers.

Section 1 also provides that on or after the effective date of this

section, no child care facility or place of public accommodation may use
or have on its premises any infant walker, unless a medical professional
has determined that the use of infant walkers is medically necessary for
a particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on infant walker use. The Office of Children and Family Services
shall also establish rules and regulations to comply with the ban on
infant walkers in child care facilities.

Finally, section 1 provides that violations of this section may be
deemed a civil offense, incurring a fine of not more than five hundred
dollars for each violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

The American Academy of Pediatrics recommends banning the sale of infant
walkers, as well as banning the use of infant walkers in child care
facilities in New York State. Infant walkers are mobile devices used to
encourage walking by infants and babies, usually aged 5 months to 15
months. There has been much controversy over the safety of infant walk-
ers, and a recent study published in the Pediatrics Journal of the Amer-
ican Academy of Pediatrics found that even though there was an overall
decline in injuries since the federal Consumer Product Safety Commission
issued safety standards regulations on infant walkers in 2010, the risk
of serious injury and even death remains. According to the study, which
looked at the injuries of an estimated 230,676 children from 1994
through 2014, ninety percent 14 the injuries involved were to the head
and neck of young children. A ban 6 infant walkers is already in effect
in Canada.

Infant walkers should not be sold in New York State because they pose a
risk to infant safety, a risk that is entirely avoidable and preventa-
ble. Infants can play in stationary play units that have grown in popu-
larity over the years. Banning the sale of infant walkers will also send
a warning message to those who already own infant walkers. This legis-
lation will have the immediate effect of severely limiting the avail-
ability of infant walkers in New York State, particularly in child care
facilities, and the long term effect of discouraging use among existing
owners, thereby creating a safer environment for infants throughout the
State of New York.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.11376, referred to consumer affairs and protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

S2128 - Bill Text download pdf


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

                                  2128

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer 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.
                                                           LBD01675-01-9

S. 2128                             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.

S2128A - Details

See Assembly Version of this Bill:: A624
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: S111, A564
2023-2024: S5643, A325

S2128A - Summary

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

S2128A - Sponsor Memo

 
BILL NUMBER: S2128A

SPONSOR: THOMAS
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant walkers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section 399-k.
This section includes a definitions section and establishes a ban on
sales, leases, or offers for sale or lease of infant walkers.

Section 1 also provides that on or after the effective date of this
section, no child care facility or place of public accommodation may use
or have on its premises any infant walker, unless a medical professional

has determined that the use of infant walkers is medically necessary for
a particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on infant walker use. The Office of Children and Family Services
shall also establish rules and regulations to comply with the ban on
infant walkers in child care facilities.

Finally, section 1 provides that violations of this section may be
deemed a civil offense, incurring a fine of not more than five hundred
dollars for each violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

The American Academy of Pediatrics recommends banning the sale of infant
walkers, as well as banning the use of infant walkers in child care
facilities in New York State. Infant walkers are mobile devices used to
encourage walking by infants and babies, usually aged 5 months to 15
months. There has been much controversy over the safety of infant walk-
ers, and a recent study published in the Pediatrics Journal of the Amer-
ican Academy of Pediatrics found that even though there was an overall
decline in injuries since the federal.  Consumer Product Safety Commis-
sion issued safety standards regulations on infant walkers in 2010, the
risk of serious injury and even death remains. According to the study,
which looked at the injuries of an estimated 230,676 children from 1994.
Through 2014, ninety percent of these injuries involved were to the head
and neck of young children. A ban on infant walkers is already in effect
in Canada.

Infant walkers should not be sold in New York State because they pose a
risk to infant safety, a risk that is entirely avoidable and preventa-
ble. Infants can play in stationary play units that have grown in popu-
larity over the years. Banning the sale of infant walkers will also send
a warning message to those who already own infant walkers. This legis-
lation will have the immediate effect of severely limiting the avail-
ability of infant walkers in New York State, particularly in child care
facilities, and the long term effect of discouraging use among existing
owners, thereby creating a safer environment for infants throughout the
State of New York.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.11376, referred to consumer affairs and protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

S2128A - Bill Text download pdf


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

                                 2128--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  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.
  (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.
                                                           LBD01675-03-9

S. 2128--A                          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 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.

S2128B - Details

See Assembly Version of this Bill:: A624
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: S111, A564
2023-2024: S5643, A325

S2128B - Summary

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

S2128B - Sponsor Memo

 
BILL NUMBER: S2128B

SPONSOR: THOMAS
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant walkers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section 399-k.
This section includes a definitions section and establishes a ban on
sales, leases, or offers for sale or lease of infant walkers.

Section 1 also provides that on or after the effective date of this
section, no child care facility or place of public accommodation may use
or have on its premises any infant walker, unless a medical professional

has determined that the use of infant walkers is medically necessary for
a particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on infant walker use. The Office of Children and Family Services
shall also establish rules and regulations to comply with the ban on
infant walkers in child care facilities.

Finally, section 1 provides that violations of this section may be
deemed a civil offense, incurring a fine of not more than five hundred
dollars for each violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

The American Academy of Pediatrics recommends banning the sale of infant
walkers, as well as banning the use of infant walkers in child care
facilities in New York State. Infant walkers are mobile devices used to
encourage walking by infants and babies, usually aged 5 months to 15
months. There has been much controversy over the safety of infant walk-
ers, and a recent study published in the Pediatrics Journal of the Amer-
ican Academy of Pediatrics found that even though there was an overall
decline in injuries since the federal Consumer Product Safety Commission
issued safety standards regulations on infant walkers in 2010, the risk
of serious injury and even death remains.  According to the study, which
looked at the injuries of an estimated 230,676 children from 1994
Through 2014, ninety percent of these injuries involved were to the head
and neck of young children. A ban on infant walkers is already in effect
in Canada.

Infant walkers should not be sold in New York State because they pose a
risk to infant safety, a risk that is entirely avoidable and preventa-
ble. Infants can play in stationary play units that have grown in popu-
larity over the years. Banning the sale of infant walkers will also send
a warning message to those who already own infant walkers. This legis-
lation will have the immediate effect of severely limiting the avail-
ability of infant walkers in New York State, particularly in child care
facilities, and the long term effect of discouraging use among existing
owners, thereby creating a safer environment for infants throughout the
State of New York.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.11376, referred to consumer affairs and protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

S2128B - Bill Text download pdf


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

                                 2128--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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 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
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.
                                                           LBD01675-05-9

S. 2128--B                          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.

S2128C (ACTIVE) - Details

See Assembly Version of this Bill:: A624
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11376
2021-2022: S111, A564
2023-2024: S5643, A325

S2128C (ACTIVE) - Summary

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

S2128C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2128C

SPONSOR: THOMAS
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant walkers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section 399-k.
This section includes a definitions section and establishes a ban on
sales, leases, or offers for sale or lease of infant walkers.

Section 1 also provides that on or after the effective date of this
section, no child care facility or place of public accommodation may use
or have on its premises any infant walker, unless a medical professional

has determined that the use of infant walkers is medically necessary for
a particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on infant walker use. The Office of Children and Family Services
shall also establish rules and regulations to comply with the ban on
infant walkers in child care facilities.

Finally, section 1 provides that violations of this section may be
deemed a civil offense, incurring a fine of not more than five hundred
dollars for each violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

The American Academy of Pediatrics recommends banning the sale of infant
walkers, as well as banning the use of infant walkers in child care
facilities in New York State. Infant walkers are mobile devices used to
encourage walking by infants and babies, usually aged 5 months to 15
months. There has been much controversy over the safety of infant walk-
ers and a recent study published in the Pediatrics Journal of the Ameri-
can Academy of Pediatrics found that even though there was an overall
decline in injuries since the federal Consumer Product Safety Commission
issued safety standards regulations on infant walkers in 2010, the risk
of serious injury and even death remains.  According to the study, which
looked at the injuries of an estimated 230,676 children from 1994.
Through 2014, ninety percent of these injuries involved were to the head
and neck of young children. A ban on infant walkers is already in effect
in Canada.

Infant walkers should not be sold in New York State because they pose a
risk to infant safety, a risk that is entirely avoidable and preventa-
ble. Infants can play in stationary play units that have grown in popu-
larity over the years. Banning the sale of infant walkers will also send
a warning message to those who already own infant walkers. This legis-
lation will have the immediate effect of severely limiting the avail-
ability of infant walkers in New York State, particularly in child care
facilities, and the long term effect of discouraging use among existing
owners, thereby creating a safer environment for infants throughout the
State of New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

S2128C (ACTIVE) - Bill Text download pdf


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

                                 2128--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  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.
                                                           LBD01675-07-9

S. 2128--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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