2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-L - Shopping carts; child protective devices.

 
    § 396-l. Shopping carts; child protective devices. 1. For the purposes
  of  this  section, "child protective device" shall mean a strap, device,
  or  piece  of  equipment  designed,  utilizing  reasonable   engineering
  standards,  to prevent a child from falling out of a shopping cart.  Any
  child protective device designed to  secure  a  child  of  average  size
  within  the  ages  of  six  months  to  four years shall qualify for the
  twenty-five percent threshold set  forth  in  subdivision  two  of  this
  section.
    2.  Every  commercial  business  which  provides  its  customers  with
  shopping carts with seats for children shall equip and maintain not less
  than twenty-five percent of the total number of such shopping carts with
  a child protective device.
    3. Whenever there shall be a violation of  this  section,  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  such  court  or  justice,  enjoining  and
  restraining  any  further  violation,  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.  The defendant shall have twenty-one days from the date  of
  receipt of notice of the violation within which to remedy the violation.
  In the event that such violation is not remedied, the court may impose a
  civil  penalty  of not more than one thousand dollars per violation. For
  the purpose of this section, failure to  meet  the  twenty-five  percent
  threshold  set forth in subdivision two of this section shall constitute
  a single 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.