§ 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\ncribs in certain settings. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Crib" shall mean a bed or containment designated to accommodate\nan infant.\n (b) "Distribute" shall mean to deliver to a person other than the\npurchaser, for the purpose of retail sale.\n (c) "Child care facility" shall mean any place subject to section\nthree hundred ninety of the social services law or article forty-seven\nof the New York city health code as authorized by section five hundred\nfifty-eight of the New York city charter.\n (d) "Place of public accommodation" shall mean any inn, hotel, motel,\nmotor court or other establishment that provides lodging to transient\nguests. Such term shall not include an establishment treated as an\napartment building for purposes of any state or local law or regulation\nor an establishment located within a building that contains not more\nthan five rooms for rent or hire and that is actually occupied as a\nresidence by the proprietor of such establishment.\n (e) "Person" shall mean a natural person, firm, corporation, limited\nliability company, association, or an employee or agent of a natural\nperson or an entity included in this definition.\n (f) "Unsafe crib" shall mean any crib that does not conform to the\nstandards endorsed or established by the federal Consumer Product Safety\nCommission including, but not limited to, Title 16 of the Code of\nFederal Regulations and the standards endorsed or established by ASTM\nInternational (formerly known as the American Society for Testing and\nMaterials), as follows:\n (i) Part 1219 of Title 16 of the Code of Federal Regulations and any\nregulations adopted to amend or supplement such part;\n (ii) Part 1220 of Title 16 of the Code of Federal Regulations and any\nregulations adopted to amend or supplement such part;\n (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any\nregulations adopted to amend or supplement such part; and\n (iv) The following standards and specifications of ASTM International\nfor corner posts of baby cribs and structural integrity of baby cribs\nand any standards and specifications adopted to amend or supplement such\nstandards:\n (A) ASTM F 1169 (structural integrity of full-size baby cribs), and\n (B) ASTM F 406 (non-full-size cribs).\n 2. (a) No person shall import, manufacture, or distribute an unsafe\ncrib.\n (b) No retailer, as defined in subdivision eleven of section four\nhundred ninety-a of this chapter, or secondhand dealer, as defined in\nsubdivision six of section four hundred ninety-a of this chapter, shall\nsell, lease or otherwise make available an unsafe crib.\n 3. (a) On or after December twenty-eighth, two thousand thirteen, no\nchild care facility or place of public accommodation shall use or have\non the premises an unsafe crib. This subdivision shall not apply to an\nantique or collectible crib if it is not used by, or accessible to, any\nchild in the child care facility or place of public accommodation.\n (b) The office of children and family services, in consultation with\nthe New York city department of health and mental hygiene, shall notify\nchild care facilities of the provisions of this subdivision in plain,\nnon-technical language that will enable each child care facility to\neffectively inspect and identify unsafe cribs. Such notice shall be\ngiven to every child care facility upon the effective date of this\nsection or as soon as practicable thereafter, and such notice shall also\nbe given to each applicant for license or registration pursuant to\nsection three hundred ninety of the social services law.\n (c) The office of children and family services shall promulgate rules\nand regulations to carry out the provisions of this subdivision, with\nrespect to unsafe cribs in child care facilities.\n 4. Whenever there shall be a violation of subdivision two of this\nsection an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this section, an injunction may be issued by the court or\njustice, enjoining and restraining any further violations, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution. Whenever the court shall determine that a\nviolation of subdivision two of this section has occurred, the court may\nimpose a civil penalty of not more than one thousand dollars for each\nviolation. Each sale of an unsafe crib in violation of this section\nshall constitute a separate violation. In connection with any such\nproposed application, the attorney general is authorized to take proof\nand make a determination of the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 5. If any provision of this section or the application thereof to any\nperson or circumstances is held unconstitutional, such invalidity shall\nnot affect other provisions or applications of this section which can be\ngiven effect without the invalid provision or application, and to this\nend the provisions of this section are severable.\n