NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A268
SPONSOR: Paulin TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of infant walkers and restricting the use of such infant walkers in
certain settings
PURPOSE OR GENERAL IDEA OF BILL:
To ban the sale of infant walkers and restrict their use in certain
settings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the general business law by adding a new
section 399-k. This section includes a definitions section and estab-
lishes a ban on sales, leases, or offers for sale or lease of infant
walkers.
Section 1 also states that no childcare facility or place of public
accommodation may use or have on its premises any infant walker unless a
medical professional has determined that the use of one is medically
necessary for a particular child. In addition, a requirement is placed
upon the Office of Children and Family Services to notify child care
facilities of the ban on infant walker use. The Office of Children and
Family Services shall also establish rules and regulations to comply
with the ban on infant walkers in child care facilities. Finally,
section 1 provides that violations of this section may be deemed a civil
offense, incurring a fine of not more than five hundred dollars for each
violation.
Section 2 provides the effective date.
JUSTIFICATION:
The American Academy of Pediatrics (AAP) recommends banning the sale of
infant walkers, as well as banning the use of infant walkers in child
care facilities in New York State. Infant walkers are mobile devices
used to encourage walking by infants and babies, usually aged five
months to 15 months.
There has been a lot of controversy concerning the safety of infant
walkers. A recent study published in the Pediatrics Journal of the Amer-
ican Academy of Pediatrics found that even though there was an overall
decline in injuries since the Federal Consumer Product Safety Commission
issued safety standards regulations on infant walkers in 2010, the risk
of serious injury and death remains. According to the AAP's study, nine-
ty percent of the estimated 230,676 children injured from 1994 through
2014 had injuries that involved the head and neck. A ban on infant
walkers is already in effect in Canada. New York should follow Canada's
lead and ban the sale of Infant walkers because of the safety risks they
pose. This risk is entirely avoidable and preventable as infants can
play in stationary play units that have grown in popularity over the
years. Banning the sale of infant walkers will also send a warning
message to those who already own infant walkers. This legislation will
have immediate effect of severely limiting the availability of infant
walkers In New York State, particularly in child care facilities, and
the long term effect of discouraging use among existing owners, thereby
creating a safer environment for infants throughout t he State of New
York.
PRIOR LEGISLATIVE HISTORY:
A.624 (Paulin) 2019-20
A.564 (Paulin) 2021-22
A325A (Paulin) 2023-2024
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
