Relates to prohibiting the sale of crib bumper pads and the restriction of the use of such pads in certain settings

1 Co-sponsor

• Fredrick J. Akshar II

Title of bill

An act to amend the general business law, in relation to the prohibition of the sale of crib bumper pads and the restriction of the use of such pads in certain settings

Purpose

To ban the sale of crib bumpers pads and restrict their use in certain settings. This bill will prevent the deaths of and serious injury to infants which have been attributed to the use of crib bumper pads.

Summary of provisions

Section 1, subdivision 1, subparagraphs (a) through (i) provides a definitions section, including a definition of crib bumper pads.

Section 1, subdivision 2 establishes the ban on sales, leases, or offers for sale or lease of all crib bumper pads.

Section 1, subdivision 3, paragraph (a) provides that on or after the effective date of this section, no child care facility or place of public accommodation may use or have on its premises any crib bumper pads. Paragraph (b) of this subdivision states that the office of children and family services will notify child care facilities of the provisions in this subdivision, which will enable the facilities to effectively identify and remove crib bumper pads. Paragraph (c) provides that the office of children and family services shall establish rules to comply with the ban on crib bumper pads in child care facilities.

Section 1, subdivision 4 establishes the provisions for a violation of subdivision 2 of this section. A court may impose a civil penalty of not more than $500 for each violation. Each sale of a crib bumper pad in violation of this section would constitute a separate violation.

Section 1, subdivision 5 states that provisions of this section are severable and that if any provision of this section is held to be unconstitutional, such invalidity will not affect other provisions that can be given effect without the invalid provision.

Section 2 provides the effective date.

Justification

The American Academy of Pediatrics and the American Sudden Infant Death Syndrome Institute have both issued warnings regarding the dangers of crib bumper pads and have urged parents not to use them. Bumper pads pose a risk of death or serious injury because babies can get caught in the fabric and suffocate.

A study recently published in the Journal of Pediatrics reports that nationwide, twenty-three babies died between 2006 and 2012 from suffocation associated with the use of crib bumper pads. This number is three times higher than the number of deaths attributable to crib bumper pads which were recorded in the three previous six-year time spans. Forty-eight babies died as a result of having bumper pads in their cribs from 1985 through 2012. During this twenty-seven year time period, an additional 146 infants were reported to have sustained serious injuries from crib bumper pads, including choking on the bumper pad ties or nearly suffocating.

Banning the sale of crib bumper pads would silence any confusion as to their safety. Stores often display cribs decorated with bumper pads which can lead to the assumption that they are in fact safe. Prohibiting the sale of crib bumper pads and their use in certain settings would help to avoid preventable infant deaths and ensure children's safety in their cribs.

Prior legislative history

None.

Fiscal impact

No fiscal impact to the State.

Effective date

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