N.Y. General Business Law § 399-i: Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings

§ 399-i. Prohibit the sale of unsafe cribs and restrict use of such

cribs in certain settings. 1. For the purposes of this section, the

following terms shall have the following meanings:

(a) "Crib" shall mean a bed or containment designated to accommodate

an infant.

(b) "Distribute" shall mean to deliver to a person other than the

purchaser, for the purpose of retail sale.

(c) "Child care facility" shall mean any place subject to section

three hundred ninety of the social services law or article forty-seven

of the New York city health code as authorized by section five hundred

fifty-eight of the New York city charter.

(d) "Place of public accommodation" shall mean any inn, hotel, motel,

motor court or other establishment that provides lodging to transient

guests. Such term shall not include an establishment treated as an

apartment building for purposes of any state or local law or regulation

or an establishment located within a building that contains not more

than five rooms for rent or hire and that is actually occupied as a

residence by the proprietor of such establishment.

(e) "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.

(f) "Unsafe crib" shall mean any crib that does not conform to the

standards endorsed or established by the federal Consumer Product Safety

Commission including, but not limited to, Title 16 of the Code of

Federal Regulations and the standards endorsed or established by ASTM

International (formerly known as the American Society for Testing and

Materials), as follows:

(i) Part 1219 of Title 16 of the Code of Federal Regulations and any

regulations adopted to amend or supplement such part;

(ii) Part 1220 of Title 16 of the Code of Federal Regulations and any

regulations adopted to amend or supplement such part;

(iii) Part 1303 of Title 16 of the Code of Federal Regulations and any

regulations adopted to amend or supplement such part; and

(iv) The following standards and specifications of ASTM International

for corner posts of baby cribs and structural integrity of baby cribs

and any standards and specifications adopted to amend or supplement such

standards:

(A) ASTM F 1169 (structural integrity of full-size baby cribs), and

(B) ASTM F 406 (non-full-size cribs).

2. (a) No person shall import, manufacture, or distribute an unsafe

crib.

(b) No retailer, as defined in subdivision eleven of section four

hundred ninety-a of this chapter, or secondhand dealer, as defined in

subdivision six of section four hundred ninety-a of this chapter, shall

sell, lease or otherwise make available an unsafe crib.

3. (a) On or after December twenty-eighth, two thousand thirteen, no

child care facility or place of public accommodation shall use or have

on the premises an unsafe crib. This subdivision shall not apply to an

antique or collectible crib if it is not used by, or accessible to, any

child in the child care facility or place of public accommodation.

(b) The office of children and family services, in consultation with

the New York city department of health and mental hygiene, shall notify

child care facilities of the provisions of this subdivision in plain,

non-technical language that will enable each child care facility to

effectively inspect and identify unsafe cribs. 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 unsafe cribs 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 one thousand dollars for each

violation. Each sale of an unsafe crib 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 circumstances 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.