S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8784
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, ENGLEBRIGHT, GALEF, GRIFFIN,
   JACOBSON, MOSLEY, ORTIZ, McDONOUGH -- read once and  referred  to  the
   Committee on Consumer Affairs and 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:
 
   Section 1. The general business law is amended by adding a new section
 399-iii to read as follows:
   § 399-III. PROHIBIT THE SALE OF INFANT INCLINED SLEEPERS AND  RESTRICT
 USE  OF  SUCH INCLINED SLEEPERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES
 OF THIS SECTION:  (A) "INFANT INCLINED SLEEPER" SHALL MEAN A FREE STAND-
 ING PRODUCT WITH  AN  INCLINED  SLEEP  SURFACE  PRIMARILY  INTENDED  AND
 MARKETED  TO  PROVIDE  SLEEPING  ACCOMMODATIONS FOR AN INFANT UP TO FIVE
 MONTHS OLD OR WHEN THE INFANT BEGINS TO ROLL OVER  OR  PULL  UP  ON  THE
 SIDES OF THE SLEEPER, WHICHEVER COMES FIRST.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM  OF  COMMERCE  AN  INFANT  INCLINED  SLEEPER  AS  DEFINED BY THIS
 SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F)  "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14069-02-9

 A. 8784                             2
 
   (G)  "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 INFANT INCLINED SLEEPER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  INCLINED  SLEEPER
 UNLESS  A  MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT USE OF AN INFANT
 INCLINED SLEEPER IS MEDICALLY NECESSARY FOR A PARTICULAR CHILD  IN  SUCH
 CHILD CARE FACILITY.
   (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 INFANT INCLINED SLEEPERS 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 AN INFANT INCLINED SLEEPER 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.