2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 399-II*2 - Prohibit the Sale of Crib Bumper Pads and Restrict Use of Such Pads in Certain Settings.

* §  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