This bill has been amended

Bill S6250-2013

Prohibits the sale of unsafe baby cribs

Prohibits the sale of unsafe baby cribs; removes the provision that the office of children and family services shall promulgate rules and regulations to carry out the provisions.

Details

Actions

  • Feb 27, 2014: returned to senate
  • Feb 27, 2014: RECALLED FROM ASSEMBLY
  • Jan 23, 2014: referred to consumer affairs and protection
  • Jan 22, 2014: DELIVERED TO ASSEMBLY
  • Jan 22, 2014: PASSED SENATE
  • Jan 13, 2014: ORDERED TO THIRD READING CAL.13
  • Jan 8, 2014: REFERRED TO RULES

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Memo

BILL NUMBER:S6250

TITLE OF BILL: An act to amend the general business law, in relation to the prohibition of the sale of unsafe cribs

PURPOSE: The purpose of this bill is to protect infants from potential hazards associated with the use of cribs that do not meet applicable safety standards.

SUMMARY OF PROVISIONS: This bill would conform New York's crib safety law with recently enacted federal rules regarding the sale and use of cribs. Specifically, the bill would prohibit, on or after December 28, 2013, the use of an unsafe crib by any child care facility or place of public accommodation and require the Office of Children and Family Services to notify child care facilities of such prohibition. The bill would also make technical and conforming changes.

Chapter 245 of the Laws of 2010 prohibited the importation, manufacture of sale of any crib that does not meet safety standards established by the U.S. Consumer Product Safety Commission (CPSC) and ASTM International. In December 2010, the CPSC adopted new crib safety rules. In addition to enhancing crib design standards, these rules prohibit the use of non-compliant cribs in certain childcare facilities and places of public accommodation. This bill would conform New York's law to the federal rule.

Finally, this bill is amended to eliminate the ASTM's corner post standard, which is no longer in existence, and limit the regulatory authority of the Office of Children and Family Services, with respect to this legislation, to unsafe cribs in child care facilities, which is their area of expertise.

JUSTIFICATION: Chapter 245 of the Laws of 2010 prohibited the importation, manufacture or sale of any crib that does not meet safety standards established by the U.S. Consumer Product Safety Commission (CPSC) and ASTM International. In December 2010, the CPSC adopted new crib safety rules. In addition to enhancing crib design standards, these rules prohibit the use of non-compliant cribs in certain childcare facilities and places of public accommodation. This bill would conform New York's law to the federal rule.

LEGISLATIVE HISTORY: None FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as chapter 381 of the laws of 2013 takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 6250 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to the prohibition of the sale of unsafe cribs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iv) of paragraph (f) of subdivision 1 of section 399-i of the general business law, as amended by chapter 381 of the laws of 2013, is amended to read as follows: (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 966 (corner post standard), (B)] ASTM F 1169 (structural integrity of full-size baby cribs), and [(C)] (B) ASTM F 406 (non-full-size cribs). S 2. Subdivision 3 of section 399-i of the general business law, as added by chapter 381 of the laws of 2013, is amended to read as follows: 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 [article] SECTION or as soon as practicable thereafter, and such notice shall also be given to each applicant for license or registration pursu- ant 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 CRIB IN CHILD CARE FACILITIES. S 3. This act shall take effect on the same date and in the same manner as chapter 381 of the laws of 2013 takes effect.

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