§ 399-II*2 — Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings

* § 399-ii. Prohibit the sale of crib bumper pads and restrict use of\nsuch pads in certain settings. 1. For the purposes of this section: (a)\n"Crib" shall mean a bed or containment designated to accommodate an\ninfant.\n (b) "Crib bumper pads" shall mean a pad or pads of a non-mesh material\nresting directly above the mattress in a crib, running the surface area\nof the crib or along the length of any of the interior sides of the\ncrib. "Crib bumper pad" does not include mesh liners.\n (c) "Distributor" shall mean any person who delivers to a person other\nthan the purchaser, for the purpose of retail sale.\n (d) "Manufacturer" shall mean any person who makes and places into the\nstream of commerce a bumper pad as defined by this section.\n (e) "Retailer" shall have the same meaning as set forth in subdivision\neleven of section four hundred ninety-a of this chapter.\n (f) "Secondhand dealer" shall have the same meaning as set forth in\nsubdivision six of section four hundred ninety-a of this chapter.\n (g) "Child care facility" shall mean any child day care provider as\ndefined in section three hundred ninety of the social services law or\nchild care program as defined in article forty-seven of the New York\ncity health code as authorized by section five hundred fifty-eight of\nthe New York city charter.\n (h) "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 (i) "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 2. No manufacturer, importer, distributor, wholesaler, retailer or\nsecondhand dealer shall sell, lease, offer for sale, or offer for lease\nin this state any crib bumper pad as an accessory to a crib or as a\nseparate item.\n 3. (a) On or after the effective date of this section, no child care\nfacility or place of public accommodation shall use or have on the\npremises any crib bumper pads unless a medical professional has\ndetermined that use of crib bumper pads is medically necessary for a\nparticular child using a crib in such child care facility or place of\npublic accommodation.\n (b) The office of children and family services, in consultation with\nthe city of New York department of health and mental hygiene, shall\nnotify child care facilities of the provisions of this subdivision in\nplain, non-technical language. Such notice shall be given to every child\ncare facility upon the effective date of this section or as soon as\npracticable thereafter, and such notice shall also be given to each\napplicant for license or registration pursuant to section three hundred\nninety 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 the ban on crib bumper pads 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 five hundred dollars for each\nviolation. Each sale of a crib bumper pad 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 circumstance 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 * NB There are 2 § 399-ii's\n