S T A T E   O F   N E W   Y O R K
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                                  217--A
                                                          Cal. No. 44
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  LUPARDO, SOLAGES, SIMON,
   BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT, WEPRIN, OTIS,  GALEF,  COLTON,
   JEAN-PIERRE,  D'URSO, THIELE, GRIFFIN -- read once and referred to the
   Committee on Consumer Affairs and Protection -- reported and  referred
   to  the  Committee  on Codes -- reported from committee, advanced to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading
 
 AN ACT to amend the general business law, in relation to the prohibition
   of the sale of crib bumper pads and the restriction of the use of such
   pads in certain settings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-ii to read as follows:
   § 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00621-04-9

 A. 217--A                           2
 
   (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 PREM-
 ISES  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 ACCOM-
 MODATION.
   (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

 A. 217--A                           3
 
 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.