Bill Text: NY S03173 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits the sale of infant inclined sleepers; restricts the use of such inclined sleepers in certain settings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S03173 Detail]
Download: New_York-2023-S03173-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3173 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sen. CLEARE -- 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 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: 1 Section 1. The general business law is amended by adding a new section 2 399-iii to read as follows: 3 § 399-iii. Prohibit the sale of infant inclined sleepers and restrict 4 use of such inclined sleepers in certain settings. 1. For the purposes 5 of this section: (a) "Infant inclined sleeper" shall mean a free stand- 6 ing product with an inclined sleep surface primarily intended and 7 marketed to provide sleeping accommodations for an infant up to five 8 months old or when the infant begins to roll over or pull up on the 9 sides of the sleeper, whichever comes first. 10 (b) "Distributor" shall mean any person who delivers to a person other 11 than the purchaser, for the purpose of retail sale. 12 (c) "Manufacturer" shall mean any person who makes and places into the 13 stream of commerce an infant inclined sleeper as defined by this 14 section. 15 (d) "Retailer" shall have the same meaning as set forth in subdivision 16 eleven of section four hundred ninety-a of this chapter. 17 (e) "Secondhand dealer" shall have the same meaning as set forth in 18 subdivision six of section four hundred ninety-a of this chapter. 19 (f) "Child care facility" shall mean any child day care provider as 20 defined in section three hundred ninety of the social services law or 21 child care program as defined in article forty-seven of the New York 22 city health code as authorized by section five hundred fifty-eight of 23 the New York city charter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04074-01-3S. 3173 2 1 (g) "Person" shall mean a natural person, firm, corporation, limited 2 liability company, association, or an employee or agent of a natural 3 person or an entity included in this definition. 4 2. No manufacturer, importer, distributor, wholesaler, retailer or 5 secondhand dealer shall sell, lease, offer for sale, or offer for lease 6 in this state any infant inclined sleeper. 7 3. (a) On or after the effective date of this section, no child care 8 facility shall use or have on the premises any infant inclined sleeper 9 unless a medical professional has determined that use of an infant 10 inclined sleeper is medically necessary for a particular child in such 11 child care facility. 12 (b) The office of children and family services, in consultation with 13 the city of New York department of health and mental hygiene, shall 14 notify child care facilities of the provisions of this subdivision in 15 plain, non-technical language. Such notice shall be given to every child 16 care facility upon the effective date of this section or as soon as 17 practicable thereafter, and such notice shall also be given to each 18 applicant for license or registration pursuant to section three hundred 19 ninety of the social services law. 20 (c) The office of children and family services shall promulgate rules 21 and regulations to carry out the provisions of this subdivision, with 22 respect to the ban on infant inclined sleepers in child care facilities. 23 4. Whenever there shall be a violation of subdivision two of this 24 section an application may be made by the attorney general in the name 25 of the people of the state of New York to a court or justice having 26 jurisdiction by a special proceeding to issue an injunction, and upon 27 notice to the defendant of not less than five days, to enjoin and 28 restrain the continuance of such violations; and if it shall appear to 29 the satisfaction of the court or justice that the defendant has, in 30 fact, violated this section, an injunction may be issued by the court or 31 justice, enjoining and restraining any further violations, without 32 requiring proof that any person has, in fact, been injured or damaged 33 thereby. In any such proceeding, the court may make allowances to the 34 attorney general as provided in paragraph six of subdivision (a) of 35 section eighty-three hundred three of the civil practice law and rules, 36 and direct restitution. Whenever the court shall determine that a 37 violation of subdivision two of this section has occurred, the court may 38 impose a civil penalty of not more than five hundred dollars for each 39 violation. Each sale of an infant inclined sleeper in violation of this 40 section shall constitute a separate violation. In connection with any 41 such proposed application, the attorney general is authorized to take 42 proof and make a determination of the relevant facts and to issue 43 subpoenas in accordance with the civil practice law and rules. 44 5. If any provision of this section or the application thereof to any 45 person or circumstance is held unconstitutional, such invalidity shall 46 not affect other provisions or applications of this section which can be 47 given effect without the invalid provision or application, and to this 48 end the provisions of this section are severable. 49 § 2. This act shall take effect on the sixtieth day after it shall 50 have become a law.
