Bill Text: NY S00774 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits the sale of unsafe cribs and restricts the use of such cribs in certain settings.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-09-27 - APPROVAL MEMO.2 [S00774 Detail]
Download: New_York-2013-S00774-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
774--A
Cal. No. 439
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. FUSCHILLO, KRUEGER, LAVALLE, O'BRIEN, STAVISKY --
read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to prohibiting the
sale of unsafe cribs and restricting the use of such cribs in certain
settings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 399-i of the general business law, as added by
2 chapter 245 of the laws of 2010, is amended to read as follows:
3 S 399-i. Prohibit [any] THE sale of unsafe cribs AND RESTRICT USE OF
4 SUCH CRIBS IN CERTAIN SETTINGS. 1. For the purposes of this section, the
5 following terms shall have the following meanings:
6 (a) "Crib" [means] SHALL MEAN a bed or containment designated to
7 accommodate an infant.
8 (b) "Distribute" [means] SHALL MEAN to deliver to a person other than
9 the purchaser, for the purpose of retail sale.
10 (c) "CHILD CARE FACILITY" SHALL MEAN ANY PLACE SUBJECT TO SECTION
11 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR ARTICLE FORTY-SEVEN
12 OF THE NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE HUNDRED
13 FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
14 (D) "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL, MOTEL,
15 MOTOR COURT OR OTHER ESTABLISHMENT THAT PROVIDES LODGING TO TRANSIENT
16 GUESTS. SUCH TERM SHALL NOT INCLUDE AN ESTABLISHMENT TREATED AS AN
17 APARTMENT BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR REGULATION
18 OR AN ESTABLISHMENT LOCATED WITHIN A BUILDING THAT CONTAINS NOT MORE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01481-03-3
S. 774--A 2
1 THAN FIVE ROOMS FOR RENT OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
2 RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
3 (E) "Person" shall mean a natural person, firm, corporation, limited
4 liability company, association, or an employee or agent of a natural
5 person or an entity included in this definition.
6 [(d)] (F) "Unsafe crib" shall mean any crib that does not conform to
7 the standards endorsed or established by the federal Consumer Product
8 Safety Commission including, but not limited to, Title 16 of the Code of
9 Federal Regulations and the standards endorsed or established by [Ameri-
10 can Society for Testing and Materials International (ASTM)] ASTM INTER-
11 NATIONAL (FORMERLY KNOWN AS THE AMERICAN SOCIETY FOR TESTING AND MATERI-
12 ALS), as follows:
13 (i) Part [1508] 1219 of Title 16 of the Code of Federal Regulations
14 and any regulations adopted to amend or supplement such part;
15 (ii) Part [1509] 1220 of Title 16 of the Code of Federal Regulations
16 and any regulations adopted to amend or supplement such part;
17 (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any
18 regulations adopted to amend or supplement such part; and
19 (iv) The following standards and specifications of ASTM International
20 for corner posts of baby cribs and structural integrity of baby cribs
21 and any standards and specifications adopted to amend or supplement such
22 standards:
23 (A) ASTM F 966 (corner post standard),
24 (B) ASTM F 1169 (structural integrity of full-size baby cribs), and
25 (C) ASTM F 406 (non-full-size cribs).
26 2. (a) No person shall import, manufacture, or distribute an unsafe
27 crib.
28 (b) No retailer, as defined in subdivision eleven of section four
29 hundred ninety-a of this chapter, or secondhand dealer, as defined in
30 subdivision six of section four hundred ninety-a of this chapter, shall
31 sell, lease or otherwise make available an unsafe crib.
32 3. (A) ON OR AFTER DECEMBER TWENTY-EIGHTH, TWO THOUSAND THIRTEEN, NO
33 CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE
34 ON THE PREMISES AN UNSAFE CRIB. THIS SUBDIVISION SHALL NOT APPLY TO AN
35 ANTIQUE OR COLLECTIBLE CRIB IF IT IS NOT USED BY, OR ACCESSIBLE TO, ANY
36 CHILD IN THE CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOMMODATION.
37 (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
38 THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL NOTIFY
39 CHILD CARE FACILITIES OF THE PROVISIONS OF THIS SUBDIVISION IN PLAIN,
40 NON-TECHNICAL LANGUAGE THAT WILL ENABLE EACH CHILD CARE FACILITY TO
41 EFFECTIVELY INSPECT AND IDENTIFY UNSAFE CRIBS. SUCH NOTICE SHALL BE
42 GIVEN TO EVERY CHILD CARE FACILITY UPON THE EFFECTIVE DATE OF THIS ARTI-
43 CLE OR AS SOON AS PRACTICABLE THEREAFTER, AND SUCH NOTICE SHALL ALSO BE
44 GIVEN TO EACH APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO SECTION
45 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
46 (C) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
47 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
48 4. Whenever there shall be a violation of SUBDIVISION TWO OF this
49 section an application may be made by the attorney general in the name
50 of the people of the state of New York to a court or justice having
51 jurisdiction by a special proceeding to issue an injunction, and upon
52 notice to the defendant of not less than five days, to enjoin and
53 restrain the continuance of such violations; and if it shall appear to
54 the satisfaction of the court or justice that the defendant has, in
55 fact, violated this section, an injunction may be issued by the court or
56 justice, enjoining and restraining any further violations, without
S. 774--A 3
1 requiring proof that any person has, in fact, been injured or damaged
2 thereby. In any such proceeding, the court may make allowances to the
3 attorney general as provided in paragraph six of subdivision (a) of
4 section eighty-three hundred three of the civil practice law and rules,
5 and direct restitution. Whenever the court shall determine that a
6 violation of SUBDIVISION TWO OF this section has occurred, the court may
7 impose a civil penalty of not more than one thousand dollars for each
8 violation. Each sale of an unsafe crib in violation of this section
9 shall constitute a separate violation. In connection with any such
10 proposed application, the attorney general is authorized to take proof
11 and make a determination of the relevant facts and to issue subpoenas in
12 accordance with the civil practice law and rules.
13 [4.] 5. If any provision of this section or the application thereof to
14 any person or circumstances is held unconstitutional, such invalidity
15 shall not affect other provisions or applications of this section which
16 can be given effect without the invalid provision or application, and to
17 this end the provisions of this section are severable.
18 S 2. This act shall take effect on the thirtieth day after it shall
19 have become a law; provided that the office of children and family
20 services is authorized to promulgate any and all rules and regulations
21 and take any other measures necessary to implement this act on its
22 effective date on or before such date.
