S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3172
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05329-01-3
              

 S. 3172                             2
 
   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.
   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.