S T A T E O F N E W Y O R K
________________________________________________________________________
5643--A
Cal. No. 1076
2023-2024 Regular Sessions
I N S E N A T E
March 10, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
recommitted to the Committee on Consumer Protection in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general business law, in relation to prohibiting the
sale of infant walkers and restricting the use of such infant walkers
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-kk to read as follows:
§ 399-KK. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF SUCH
WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
(A) "INFANT WALKER" SHALL MEAN A FULLY ENCLOSED MOBILE UNIT WITH A
SEATED AREA AND WHEELED BASED THAT ENABLES A CHILD TO MOVE ON A HORIZON-
TAL SURFACE WHEN PROPELLED BY SUCH CHILD WHILE SEATED OR STANDING WITHIN
THE ENCLOSED UNIT.
(B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
(C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
STREAM OF COMMERCE AN INFANT WALKER 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01652-04-4
S. 5643--A 2
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 WALKER.
3. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT WALKER UNLESS A
MEDICAL PROFESSIONAL HAS DETERMINED THAT USE OF AN INFANT WALKER 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 WALKERS 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 WALKER 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 ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
