2023 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.