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This entry was published on 2019-10-18
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SECTION 399-II*2
Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 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 a 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 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.

(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
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.

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
premises any crib bumper pads unless a medical professional has
determined that use of crib bumper pads is medically necessary for a
particular child using a crib in such child care facility or place of
public accommodation.

(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 crib bumper pads 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 a crib bumper pad 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.

* NB There are 2 § 399-ii's