N.Y. General Business Law § 399-ii*2: Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings

* § 399-ii. Prohibit the sale of crib bumper pads and restrict use of

such pads in certain settings. 1. For the purposes of this section: (a)

"Crib" shall mean a bed or containment designated to accommodate an

infant.

(b) "Crib bumper pads" shall mean a pad or pads of a non-mesh material

resting directly above the mattress in a crib, running the surface area

of the crib or along the length of any of the interior sides of the

crib. "Crib bumper pad" does not include mesh liners.

(c) "Distributor" shall mean any person who delivers to a person other

than the purchaser, for the purpose of retail sale.

(d) "Manufacturer" shall mean any person who makes and places into the

stream of commerce a bumper pad as defined by this section.

(e) "Retailer" shall have the same meaning as set forth in subdivision

eleven of section four hundred ninety-a of this chapter.

(f) "Secondhand dealer" shall have the same meaning as set forth in

subdivision six of section four hundred ninety-a of this chapter.

(g) "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.

(h) "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.

(i) "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 crib bumper pad as an accessory to a crib or as a

separate item.

3. (a) On or after the effective date of this section, no child care

facility or place of public accommodation shall use or have on the

premises any crib bumper pads unless a medical professional has

determined that use of crib bumper pads is medically necessary for a

particular child using a crib in such child care facility or place of

public accommodation.

(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 crib bumper pads 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 a crib bumper pad 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.

* NB There are 2 § 399-ii's