NY State Senate Bill 2023-S3173

Senate Bill S3173

2023-2024 Legislative Session

Relates to the prohibition of the sale of infant inclined sleepers and the restriction of the use of such inclined sleepers in certain settings

download bill text pdf

Current 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
Jan 03, 2024	referred to consumer protection
Jan 30, 2023	referred to consumer protection

2023-S3173 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-iii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7874
2021-2022: S318, S8623

2023-S3173 (ACTIVE) - Summary

Prohibits the sale of infant inclined sleepers; restricts the use of such inclined sleepers in certain settings.

2023-S3173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3173

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant inclined sleepers 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. Subdivision 1 of this section provides definitions and subdivi-
sion 2 establishes a ban on sales, leases, or offers for sale or lease
of infant inclined sleepers.

Subdivision 3 provides that on or after the effective date of this

section, no child care facility may use or have on its premises any
infant inclined sleepers, unless a medical professional has determined
that the use of such sleeper is medically necessary for a particular
child. In addition, a requirement is placed upon the Office of Children
and Family Services (OCFS) to notify child care facilities of the ban on
infant inclined sleeper use. OCFS shall also establish rules and regu-
lations to comply with the ban on infant inclined sleepers in child care
facilities. Subdivision 4 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:

According to the Washington Post and Consumer Reports, as of October of
2019, at least 59 infant deaths have been linked to the use of infant
inclined sleepers. Inclined sleepers are free standing devices with an
inclined sleep surface primarily intended and marketed to provide sleep-
ing 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. Last April, Fisher Price announced a recall on
all models of its popular Rock 'n Play sleepers and Kids II also
recalled all of its inclined rocking sleepers, after the US Consumer
Product Safety Commission and the American Academy of Pediatrics (AAP)
issued alerts warning parents of the possible dangers associated with
using these sleepers. Several other manufacturers continue to sell simi-
lar products.

AAP warns that inclined sleepers pose a risk for airway compression and
suffocation. According to medical records, the relevant deaths involved
airway compression due to babies being in an inclined sleeping position.
Sleeping on an incline can cause an infant's head to fall forward, which
compresses the neck and airway, leading to a drop in oxygen and heart
rates and eventually suffocation. AAP and other advocacy groups have
stressed that the safest way for babies to sleep is on their backs-alone

and on a firm surface free from any soft bedding, blankets, pillows or
toys.

This legislation is necessary to avoid preventable tragedies. There are
much safer sleeping alternatives available to parents and because of the
risks they pose, inclined sleepers should no longer be available for
sale in our state.

 
PRIOR LEGISLATIVE HISTORY:

A.8784, of 2019 and 2020, referred to consumer affairs and protection /
S. 7874, of 2020, referred to consumer protection.

 
FISCAL IMPLICATIONS:

None.

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

2023-S3173 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3173
 
                        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 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.
                                                            LBD04074-01-3
 S. 3173                             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.

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