Legislation
SECTION 396-L
Shopping carts; child protective devices
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-l. Shopping carts; child protective devices. 1. For the purposes
of this section, "child protective device" shall mean a strap, device,
or piece of equipment designed, utilizing reasonable engineering
standards, to prevent a child from falling out of a shopping cart. Any
child protective device designed to secure a child of average size
within the ages of six months to four years shall qualify for the
twenty-five percent threshold set forth in subdivision two of this
section.
2. Every commercial business which provides its customers with
shopping carts with seats for children shall equip and maintain not less
than twenty-five percent of the total number of such shopping carts with
a child protective device.
3. Whenever there shall be a violation of this section, 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 such court or justice, enjoining and
restraining any further violation, 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. The defendant shall have twenty-one days from the date of
receipt of notice of the violation within which to remedy the violation.
In the event that such violation is not remedied, the court may impose a
civil penalty of not more than one thousand dollars per violation. For
the purpose of this section, failure to meet the twenty-five percent
threshold set forth in subdivision two of this section shall constitute
a single 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.
of this section, "child protective device" shall mean a strap, device,
or piece of equipment designed, utilizing reasonable engineering
standards, to prevent a child from falling out of a shopping cart. Any
child protective device designed to secure a child of average size
within the ages of six months to four years shall qualify for the
twenty-five percent threshold set forth in subdivision two of this
section.
2. Every commercial business which provides its customers with
shopping carts with seats for children shall equip and maintain not less
than twenty-five percent of the total number of such shopping carts with
a child protective device.
3. Whenever there shall be a violation of this section, 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 such court or justice, enjoining and
restraining any further violation, 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. The defendant shall have twenty-one days from the date of
receipt of notice of the violation within which to remedy the violation.
In the event that such violation is not remedied, the court may impose a
civil penalty of not more than one thousand dollars per violation. For
the purpose of this section, failure to meet the twenty-five percent
threshold set forth in subdivision two of this section shall constitute
a single 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.