2014 New York 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 1169 (structural integrity of full-size baby cribs), and
(B) 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 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 unsafe cribs 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 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.
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