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A01287 Summary:

BILL NOA01287
 
SAME ASSAME AS S03172
 
SPONSORPaulin
 
COSPNSRMcDonough
 
MLTSPNSRLemondes
 
Add §399-iii, Gen Bus L
 
Prohibits the sale of infant loungers; restricts the use of such infant loungers in certain settings; defines an infant lounger to mean a padded pillow or cushioned product, sometimes with a lower indented region, used to support or hug an infant as it lies face up, primarily intended and marketed for the support of an infant while awake.
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A01287 Actions:

BILL NOA01287
 
01/17/2023referred to consumer affairs and protection
01/31/2023reported referred to codes
02/14/2023reported
02/16/2023advanced to third reading cal.10
03/23/2023passed assembly
03/23/2023delivered to senate
03/23/2023REFERRED TO CONSUMER PROTECTION
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024ordered to third reading cal.41
03/13/2024passed assembly
03/13/2024delivered to senate
03/13/2024REFERRED TO CONSUMER PROTECTION
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A01287 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1287REVISED 5/17/23
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of infant loungers and restricting the use of such infant loungers in certain settings   PURPOSE OR GENERAL IDEA OF BILL: To ban the sale of infant loungers and restrict their use in certain settings.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section to the general business law, section 399-iii. This section includes a definitions section and establishes a ban on sales, leases, or offers for sale or lease of infant loungers. Section 1 also provides that on or after its effective date, no child care facility or place of public accommodation may use or have on its premises any infant lounger, unless a medical professional has deter- particular child. In addition, a requirement is placed upon the Office of Children and Family Services to notify childcare facilities of the ban on use of infant loungers. The Office of Children and Family Services shall also establish rules and regulations to comply with the ban on infant loungers in childcare facilities. Finally, section 1 provides that violations of this section maybe deemed a civil offense, incurring a fine of not more than five hundred dollars for each violation. Section 2 provides the effective date.   JUSTIFICATION: In September of 2021, Boppy, a major manufacturer of infant products, announced a recall of all of its infant loungers. Infant loungers are pillow-like products used to support an infant as it lies face up and are intended for use while an infant is awake and supervised. Several other manufacturers continue to sell similar products. According to the Consumer Product Safety Commission (CPSC), at least eight infant deaths have been linked to the use of infant loungers. Last year, the CPSC issued a warning alerting parents to the dangers of unsupervised use of these products. The warning stressed that infant loungers are not a safe sleep place for babies. The safest way for infants to sleep is on their backs--alone and on a firm surface free from any soft bedding, blankets, pillows or toys. Infant loungers pose a risk, because when babies are left unsupervised, they can suffocate if they roll over and remain in a position on the lounger which obstructs their airways, or if they roll off of the loun- ger onto another surface, such as a bed or adult pillow. Also, since babies are not firmly flat on their backs while on a lounger, their ' heads may fall slightly forward when they fail asleep, potentially caus- ing airway compression. This legislation is necessary to avoid any future tragedies. Since the risks of using infant loungers greatly outweigh any benefits, these products should no longer be available for sale in New York. This legis- lation does not apply to nursing pillows, which are specifically designed to support the infant's head while breastfeeding.   PRIOR LEGISLATIVE HISTORY: A.8346, referred to Consumer Affairs in 2021 and advanced to a third reading in 2022. Same as 5.8622, referred to Consumer Protection in 2022.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
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A01287 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1287
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by M. of A. PAULIN, McDONOUGH -- Multi-Sponsored by -- M. of
          A. LEMONDES -- read once and referred to  the  Committee  on  Consumer
          Affairs and Protection
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale  of  infant loungers and restricting the use of such infant loun-
          gers in certain settings

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-iii to read as follows:
     3    §  399-iii.   Prohibit the sale of infant loungers and restrict use of
     4  such infant loungers in certain settings. 1. For the  purposes  of  this
     5  section:  (a)  "Infant  lounger" shall mean a padded pillow or cushioned
     6  product, sometimes with a lower indented region, used to support or  hug
     7  an  infant  as  it lies face up, primarily intended and marketed for the
     8  support of an infant while awake.
     9    (b) "Distributor" shall mean any person who delivers to a person other
    10  than the purchaser, for the purpose of retail sale.
    11    (c) "Manufacturer" shall mean any person who makes and places into the
    12  stream of commerce an infant lounger as defined by this section.
    13    (d) "Retailer" shall have the same meaning as set forth in subdivision
    14  eleven of section four hundred ninety-a of this chapter.
    15    (e) "Secondhand dealer" shall have the same meaning as  set  forth  in
    16  subdivision six of section four hundred ninety-a of this chapter.
    17    (f)  "Child  care  facility" shall mean any child day care provider as
    18  defined in section three hundred ninety of the social  services  law  or
    19  child  care  program  as  defined in article forty-seven of the New York
    20  city health code as authorized by section five  hundred  fifty-eight  of
    21  the New York city charter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05329-01-3

        A. 1287                             2
 
     1    (g)  "Person"  shall mean a natural person, firm, corporation, limited
     2  liability company, association, or an employee or  agent  of  a  natural
     3  person or an entity included in this definition.
     4    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
     5  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
     6  in this state any infant lounger.
     7    3.  (a)  On or after the effective date of this section, no child care
     8  facility shall use or have on the premises any infant lounger  unless  a
     9  medical  professional  has  determined  that use of an infant lounger is
    10  medically necessary for a particular child in such child care facility.
    11    (b) The office of children and family services, in  consultation  with
    12  the  city  of  New  York  department of health and mental hygiene, shall
    13  notify child care facilities of the provisions of  this  subdivision  in
    14  plain, non-technical language. Such notice shall be given to every child
    15  care  facility  upon  the  effective  date of this section or as soon as
    16  practicable thereafter, and such notice shall  also  be  given  to  each
    17  applicant  for license or registration pursuant to section three hundred
    18  ninety of the social services law.
    19    (c) The office of children and family services shall promulgate  rules
    20  and  regulations  to  carry out the provisions of this subdivision, with
    21  respect to the ban on infant loungers in child care facilities.
    22    4. Whenever there shall be a violation  of  subdivision  two  of  this
    23  section  an  application may be made by the attorney general in the name
    24  of the people of the state of New York to  a  court  or  justice  having
    25  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    26  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    27  restrain  the  continuance of such violations; and if it shall appear to
    28  the satisfaction of the court or justice  that  the  defendant  has,  in
    29  fact, violated this section, an injunction may be issued by the court or
    30  justice,  enjoining  and  restraining  any  further  violations, without
    31  requiring proof that any person has, in fact, been  injured  or  damaged
    32  thereby.  In  any  such proceeding, the court may make allowances to the
    33  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    34  section  eighty-three hundred three of the civil practice law and rules,
    35  and direct restitution.  Whenever  the  court  shall  determine  that  a
    36  violation of subdivision two of this section has occurred, the court may
    37  impose  a  civil  penalty of not more than five hundred dollars for each
    38  violation. Each sale of an infant lounger in violation of  this  section
    39  shall  constitute  a  separate  violation.  In  connection with any such
    40  proposed application, the attorney general is authorized to  take  proof
    41  and make a determination of the relevant facts and to issue subpoenas in
    42  accordance with the civil practice law and rules.
    43    5.  If any provision of this section or the application thereof to any
    44  person or circumstance is held unconstitutional, such  invalidity  shall
    45  not affect other provisions or applications of this section which can be
    46  given  effect  without the invalid provision or application, and to this
    47  end the provisions of this section are severable.
    48    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    49  have become a law.
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