S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 460--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to prohibiting the
  sale of unsafe cribs and restricting the use of such cribs in  certain
  settings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 399-i of the general  business  law,  as  added  by
chapter 245 of the laws of 2010, is amended to read as follows:
  S  399-i.  Prohibit [any] 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" [means] SHALL MEAN  a  bed  or  containment  designated  to
accommodate an infant.
  (b)  "Distribute" [means] 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01481-02-3
              

A. 460--A                           2

  (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.
  [(d)]  (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 [Ameri-
can  Society for Testing and Materials International (ASTM)] ASTM INTER-
NATIONAL (FORMERLY KNOWN AS THE AMERICAN SOCIETY FOR TESTING AND MATERI-
ALS), as follows:
  (i) Part [1508] 1219 of Title 16 of the Code  of  Federal  Regulations
and any regulations adopted to amend or supplement such part;
  (ii)  Part  [1509] 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 966 (corner post standard),
  (B) ASTM F 1169 (structural integrity of full-size baby cribs), and
  (C) 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 ARTI-
CLE  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.
  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

A. 460--A                           3

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.
  [4.] 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.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided that  the  office  of  children  and  family
services  is  authorized to promulgate any and all rules and regulations
and take any other measures necessary  to  implement  this  act  on  its
effective date on or before such date.