S T A T E O F N E W Y O R K
________________________________________________________________________
256
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. PAULIN, DINOWITZ, ENGLEBRIGHT, GALEF, GRIFFIN,
JACOBSON, McDONOUGH, SEAWRIGHT -- 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 infant inclined sleepers and the restriction of the use
of such sleepers 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-iii to read as follows:
§ 399-III. PROHIBIT THE SALE OF INFANT INCLINED SLEEPERS AND RESTRICT
USE OF SUCH INCLINED SLEEPERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES
OF THIS SECTION: (A) "INFANT INCLINED SLEEPER" SHALL MEAN A FREE STAND-
ING PRODUCT WITH AN INCLINED SLEEP SURFACE PRIMARILY INTENDED AND
MARKETED TO PROVIDE SLEEPING ACCOMMODATIONS FOR AN INFANT UP TO FIVE
MONTHS OLD OR WHEN THE INFANT BEGINS TO ROLL OVER OR PULL UP ON THE
SIDES OF THE SLEEPER, WHICHEVER COMES FIRST.
(B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
(C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
STREAM OF COMMERCE AN INFANT INCLINED SLEEPER 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.
LBD02081-01-1
A. 256 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 INCLINED SLEEPER.
3. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT INCLINED SLEEPER
UNLESS A MEDICAL PROFESSIONAL HAS DETERMINED THAT USE OF AN INFANT
INCLINED SLEEPER 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 INCLINED SLEEPERS 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 INCLINED SLEEPER 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.