Prohibits the import, manufacture, sale and distribution of unsafe cribs

Summary of provisions

Section One - Legislative Intent.

Section Two - The General Business Law is amended to create a new section 399-i to define the term "unsafe crib" as any crib that does not conform to the standards endorsed or established by the federal Consumer Product Safety Commission (CPSC) and the standards endorsed or estab- lished by the American Society for Testing and Materials International (ASTM). Prohibits the import, manufacture, sale, hold or offer for sale or distribution any cribs deemed "unsafe" in the State of New York. Authorizes enforcement powers and procedures of the NYS Attorney General as well as the creation of a civil penalty structure for violations.

Section Three - Sets forth the effective date.

Existing law

There is no current state law that bans the sale of cribs in New York State that do not meet the safety standards set forth in this legis- lation.

Justification

Despite nationwide attention surrounding the deaths of twelve babies as a result of the dangers posed by malfunctioning drop-side cribs, they are still being sold in the marketplace as a safe and suitable sleeping environment for infants, babies and toddlers. Even the new Chair of the Consumer Product Safety Commission (CPSC) has stated that the Agency "hasn't been acting as quickly as it should" on crib safety problems. Therefore, New York State is being proactive and addressing this issue now rather than waiting for possible new upcoming standards, guidelines or worse yet, another child's death. It is important to note that trag- ically two of the twelve deaths, reported by the CPSC, occurred in the State of New York. One child died in the Bronx and the other in Gouvern- eur, New York located in St. Lawrence County.

According to the CPSC, due to the nature of the mechanisms of drop-side cribs, the hardware can break or deform, causing the drop-side to detach. When this occurs, a space is created between the drop-side and the crib mattress. Infants and toddlers can easily roll into this space and become entrapped which can lead to suffocation. Other injuries

associated with drop-side cribs include falls when the side completely detaches which led to youngsters experiencing bumps, bruises and concus- sions.

In addition, the American Society for Testing and Materials (ASTM) Subcommittee on Full-Size Cribs has been investigating incidents related to drop-sides on full-size cribs. According to the ASTM, many of the incidents showed hardware failure related to miss-assembly and re-assem- bly of the crib. This subcommittee was charged with consideration of revisions to the standard and chose to change the standard to eliminate such functional sides. Elimination of a drop-side on cribs reduces the need for hardware assemblies and prevents such sides from malfunctioning or failing.

Moreover, counties in New York State have begun adopting laws that ban the sale of drop-side cribs. Parents on Long Island who attribute the death of their infant son to a defective drop-side crib worked with the county legislatures in Suffolk and Nassau counties to enact a law. Rock- land County has also enacted its own law. It is preferable to have one comprehensive statewide law, which will create a consistent marketplace for consumers and retailers, than a number of local laws that differ from locality to locality.

Therefore, this legislation provides that all cribs being sold, distrib- uted, imported, manufactured, held or offered for sale in the State of New York must meet the standards endorsed or established by the CPSC and ASTM for safety and structural integrity. This will include not only the elimination of drop-sides but also specifications concerning comer posts, slats, mattress support and others.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.