Senate Approves Senator Fuschillo’s Legislation to Strengthen New York State’s Drop-Side Crib Ban

Charles J. Fuschillo Jr.

May 7, 2013

     Senator Charles J. Fuschillo, Jr. (R-Merrick) announced that the New York State Senate recently passed legislation he sponsored to strengthen New York State’s ban on dangerous drop-side cribs. The legislation would expand the state’s existing drop-side crib ban to prohibit drop-side cribs from being used at child-care facilities and other places of public accommodation. The legislation is necessary to ensure that New York’s law conforms with federal regulations. 

     “Malfunctioning drop-side cribs have led to tragedies in New York State and throughout the country, which is why both New York State and the federal government banned them from being sold or manufactured. Expanding this law would ensure that these dangerous cribs are not used in day care centers, child care facilities, and other public places where they could potentially harm children,” said Senator Fuschillo.

     New York State banned the sale, import, manufacture, and distribution of drop-side cribs throughout the State under a 2010 law sponsored by Senator Fuschillo. The federal government followed with their own ban on drop-side cribs which took effect in 2011. Malfunctioning drop-side cribs have been blamed for a number of deaths and injuries to children, including on Long Island.

     According to the U.S. Consumer Product Safety Commission (CPSC), the hardware on a drop-side crib can often break or malfunction, causing the drop-side to detach and create a space between the drop-side and crib mattress. Infants and toddlers can roll into this space and become entrapped and suffocate, or sustain serious injury if the drop-side detaches completely. Safety concerns led to millions of cribs being taken out of circulation through CPSC product recalls.

     The legislation approved by the Senate (S774) would expand New York’s law to prohibit drop-side cribs from being used in child care facilities and other public places of accommodations, such as hotels and motels. The legislation would also ensure that New York’s law conforms with federal rules which prohibit drop-side cribs from being used in child care facilities and other public places of accommodation. New York State’s Office of Children and Family Services would be responsible for notifying child care facilities and providing them information in plain, non-technical language that will allow them to identify drop-side and other cribs deemed unsafe by the CSPC.

     Michele Witte of Merrick, whose infant son Tyler died when he became entrapped by the drop-side of his crib, strongly supports the legislation. Mrs. Witte said “These dangerous cribs took away my son’s life and the lives of other children. No business should be using them on other people’s children, period. Strengthening New York’s law is another step to ensure that these unsafe drop-side cribs will become a sad part of history and never harm another child again. I thank Senator Fuschillo for his continued dedication to protecting children’s safety.”