NY Gen Bus L § 399-I (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 399-I - Prohibit the Sale of Unsafe Cribs and Restrict Use of Such Cribs in Certain Settings.

§  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.