NY State Senate Bill 2021-S8622

Senate Bill S8622

2021-2022 Legislative Session

Prohibits the sale of infant loungers and restricts the use of such infant loungers in certain settings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2022	referred to consumer protection

2021-S8622 (ACTIVE) - Details

See Assembly Version of this Bill:: A8346
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-iii, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S3172, A1287

2021-S8622 (ACTIVE) - Summary

Prohibits the sale of infant loungers; restricts the use of such infant loungers in certain settings; defines an infant lounger to mean a padded pillow or cushioned product, sometimes with a lower indented region, used to support or hug an infant as it lies face up, primarily intended and marketed for the support of an infant while awake.

2021-S8622 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8622

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of infant loungers and restricting the use of such infant loungers
in certain settings

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant loungers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section
399-iii. This section includes a definitions section and establishes a
ban on sales, leases, or offers for sale or lease of infant loungers.

Section 1 also provides that on or after its effective date, no child
care facility or place of public accommodation may use or have on its

premises any infant lounger, unless a medical professional has deter-
mined that the use of infant loungers is medically necessary for a
particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on use of infant loungers. The Office of Children and Family
Services shall also establish rules and regulations to comply with the
ban on infant loungers in child care facilities. Finally, section 1
provides that violations of this section may be deemed a civil offense,
incurring a fine of not more than five hundred dollars for each
violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

In September of 2021, Boppy, a major manufacturer of infant products,
announced a recall of all of its infant loungers. Infant loungers are
pillow-like products used to support an infant as it lies face up and
are intended for use while an infant is awake and supervised. Several
other manufacturers continue to sell similar products.

According to the Consumer Product Safety Commission (CPSC), at least
eight infant deaths have been linked to the use of infant loungers.
Last year, the CPSC issued a warning alerting parents to the dangers of
unsupervised use of these products. The warning stressed that infant
loungers are not a safe sleep place for babies. The safest way for
infants to sleep is on their backs--alone and on a firm surface free
from any soft bedding, blankets, pillows or toys.

Infant loungers pose a risk, because when babies are left unsupervised,
they can suffocate if they roll over and remain in a position on the
lounger which obstructs their airways, or if they roll off of the loun-
ger onto another surface, such as a bed or adult pillow. Also, since
babies are not firmly flat on their backs while on a lounger, their
heads may fall slightly forward when they fall asleep, potentially caus-
ing airway compression.

This legislation is necessary to avoid any future tragedies. Since the
risks of using infant loungers greatly outweigh any benefits, these
products should no longer be available for sale in New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S8622 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8622
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of infant loungers and restricting the use of such  infant  loun-
   gers 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 LOUNGERS AND RESTRICT  USE  OF
 SUCH  INFANT  LOUNGERS  IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS
 SECTION: (A) "INFANT LOUNGER" SHALL MEAN A PADDED  PILLOW  OR  CUSHIONED
 PRODUCT,  SOMETIMES WITH A LOWER INDENTED REGION, USED TO SUPPORT OR HUG
 AN INFANT AS IT LIES FACE UP, PRIMARILY INTENDED AND  MARKETED  FOR  THE
 SUPPORT OF AN INFANT WHILE AWAKE.
   (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 LOUNGER 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.
   (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 LOUNGER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13301-02-1
 S. 8622                             2
 
   3. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO  CHILD  CARE
 FACILITY  SHALL  USE OR HAVE ON THE PREMISES ANY INFANT LOUNGER UNLESS A
 MEDICAL PROFESSIONAL HAS DETERMINED THAT USE OF  AN  INFANT  LOUNGER  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 LOUNGERS 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 LOUNGER 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.

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