Enacts the "New York infant crib safety act" prohibiting the sale of certain products unsafe for children and the use thereof in daycare facilities

8 Co-sponsors

• Ruben Diaz
• Thomas K. Duane
• Ruth Hassell-Thompson
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• John L. Sampson
• Malcolm A. Smith

Title of bill

An act to amend the general business law and the executive law, in relation to prohibiting the use of unsafe children's products; prohibiting child care facilities from using or having on the facility premises unsafe children's products; prescribing powers and duties of certain agencies; and providing for the promulgation of rules to carry out the provisions of this act

Purpose or general idea of bill

Enacts the "New York infant crib safety act" prohibiting the sale of certain products unsafe for children and the use thereof in day care facilities.

Summary of specific provisions

Adds a new Article 12-A to the general business law, entitled the "New York infant crib safety act." Section 211-b of that article would prohibit commercial users from selling or leasing any infant crib after January 1, 2009 that does not conform to federal or industry safety standards. Section 211-c would require the state consumer protection board to create, maintain and update a listing of such children's products that have been determined to be unsafe, and to make the list available to the public at no cost. Section 211-d would prohibit the use or presence of unsafe children's products at licensed childcare facilities. The office of children and family services would be responsible for notifying childcare facilities of the requirements of the act, as well as new applicants for license or registration.

The New York Children's Product Safety Act makes it illegal to sell or lease recalled children's products and prohibits child care facilities from using unsafe products It was drafted in consultation with Kids in Danger, a Chicago-based group formed to promote children's product safety after the founders' young son was killed by a recalled product in a licensed child care facility Arkansas, Illinois, Louisiana, Michigan and Vermont have passed similar measures and 24 other states are currently considering legislation to remove unsafe products from store shelves and licensed child care facilities.

Once a product has been recalled, it is often impossible for the manufacturer and the seller to notify all of the consumers who have purchased the item. A large percentage of recalled items are never actually recovered They remain in homes, attics and on the shelves of discount and secondhand stores where they continue to pose a danger to unsuspecting users This is especially true of products for infants and young children, where an item may be purchased and then handed down to several successive users in the same family, or sold to another family when it is outgrown.

This bill will help prevent future tragedies by creating an easily accessible statewide registry of unsafe children's products that families, child care providers and secondhand dealers can consult to determine whether or not a product is safe for continued use This measure will protect childcare facilities, and other consumers who buy children's products in the secondary market, from unwittingly buying a product that has been recalled as a safety hazard.

Legislative history

2002: A.10001 - Referred to Consumer Affairs 2004: A.6450 - Referred to Consumer Affairs 2006: S.4437 - Referred to Consumer Protection 2007: S.2220-B - Referred to Consumer Protection

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that the state consumer protection board and the commissioner of children and family services are authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.