2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
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 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
  article 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
  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.