Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 399-I
Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-i. Prohibit the sale of unsafe cribs and restrict use of such
cribs in certain settings. 1. For the purposes of this section, the
following terms shall have the following meanings:

(a) "Crib" shall mean a bed or containment designated to accommodate
an infant.

(b) "Distribute" shall mean to deliver to a person other than the
purchaser, for the purpose of retail sale.

(c) "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.

(d) "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
than five rooms for rent or hire and that is actually occupied as a
residence by the proprietor of such establishment.

(e) "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.

(f) "Unsafe crib" shall mean any crib that does not conform to the
standards endorsed or established by the federal Consumer Product Safety
Commission including, but not limited to, Title 16 of the Code of
Federal Regulations and the standards endorsed or established by ASTM
International (formerly known as the American Society for Testing and
Materials), as follows:

(i) Part 1219 of Title 16 of the Code of Federal Regulations and any
regulations adopted to amend or supplement such part;

(ii) Part 1220 of Title 16 of the Code of Federal Regulations and any
regulations adopted to amend or supplement such part;

(iii) Part 1303 of Title 16 of the Code of Federal Regulations and any
regulations adopted to amend or supplement such part; and

(iv) The following standards and specifications of ASTM International
for corner posts of baby cribs and structural integrity of baby cribs
and any standards and specifications adopted to amend or supplement such
standards:

(A) ASTM F 1169 (structural integrity of full-size baby cribs), and

(B) ASTM F 406 (non-full-size cribs).

2. (a) No person shall import, manufacture, or distribute an unsafe
crib.

(b) No retailer, as defined in subdivision eleven of section four
hundred ninety-a of this chapter, or secondhand dealer, as defined in
subdivision six of section four hundred ninety-a of this chapter, shall
sell, lease or otherwise make available an unsafe crib.

3. (a) On or after December twenty-eighth, two thousand thirteen, no
child care facility or place of public accommodation shall use or have
on the premises an unsafe crib. This subdivision shall not apply to an
antique or collectible crib if it is not used by, or accessible to, any
child in the child care facility or place of public accommodation.

(b) The office of children and family services, in consultation with
the New York city 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 inspect and identify unsafe cribs. 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 unsafe cribs 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 one thousand dollars for each
violation. Each sale of an unsafe crib 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 circumstances 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.