What's happening
This bill prohibits the sale of infant walkers in New York and restricts their use in child care facilities except for medical necessity.
Why it matters
Addresses safety concerns for infants. The bill responds to longstanding evidence that infant walkers contribute to serious injuries in young children—especially falls and head injuries—by eliminating their availability and use in most settings.
Directly impacts both businesses and families. By banning the sale, lease, and even secondhand distribution of infant walkers, the law affects retailers, manufacturers, and families who might otherwise purchase or resell these products.
Limits exceptions to documented medical need. The only scenario where infant walkers may be used in child care facilities is when a medical professional deems them medically necessary for a specific child, ensuring their use is reserved for rare, justified cases.
Enforces compliance with significant penalties. The bill provides for civil penalties of up to $500 per violation and the possibility of court-ordered injunctions, making noncompliance costly and legally risky for businesses and child care providers.
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Ban Infant Walkers Sale
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Print number 2128c
- Amend and recommit to consumer protection
- Print number 2128b
- Amend and recommit to consumer protection
- Print number 2128a
- Amend and recommit to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Infant Walkers
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2128--C
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-k to read as follows:
§ 399-k. Prohibit the sale of infant walkers and restrict use of such walkers in certain settings. 1. For the purposes of this section:
(a) "Infant walker" shall mean a mobile unit that enables a child to move on a horizontal surface when propelled by such child while such child is sitting or standing within such mobile unit.
(b) "Distributor" shall mean any person who delivers to a person other than purchaser, for the purpose of retail sale.
(c) "Manufacturer" shall mean any person who makes and places into the stream of commerce an infant walker as defined by this section.
(d) "Retailer" shall have the same meaning as set forth in subdivision eleven of section four hundred ninety-a of this chapter.
(e) "Secondhand dealer" shall have the same meaning as set forth in subdivision six of section four hundred ninety-a of this chapter.
(f) "Child care facility" shall mean any child day care provider as defined in section three hundred ninety of the social services law or child care program as defined in article forty-seven of the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01675-07-9
S. 2128--C 2
city health code as authorized by section five hundred fifty-eight of the New York city charter.
(g) "Person" shall mean a natural person, firm, corporation, limited liability company, association, or an employee or agent of a natural person or an entity included in this definition.
2. No manufacturer, importer, distributor, wholesaler, retailer or secondhand dealer shall sell, lease, offer for sale, or offer for lease in this state any infant walker.
3. (a) On or after the effective date of this section, no child care facility shall use or have on the premises any infant walker unless a medical professional has determined that use of an infant walker is medically necessary for a particular child in such child care facility.
(b) The office of children and family services, in consultation with the city of New York department of health and mental hygiene, shall notify child care facilities of the provisions of this subdivision in plain, non-technical language. Such notice shall be given to every child care facility upon the effective date of this section or as soon as practicable thereafter, and such notice shall also be given to each applicant for license or registration pursuant to section three hundred ninety of the social services law.
(c) The office of children and family services shall promulgate rules and regulations to carry out the provisions of this subdivision, with respect to the ban on infant walkers in child care facilities.
4. Whenever there shall be a violation of subdivision two of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of subdivision two of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for each violation. Each sale of an infant walker in violation of this section shall constitute a separate violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
5. If any provision of this section or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
§ 2. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 adds a new section to the general business law, section 399-k. This section includes a definitions section and establishes a ban on sales, leases, or offers for sale or lease of infant walkers.
Section 1 also 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 infant walker, unless a medical professional has determined that the use of infant walkers 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 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 5 months to 15 months. There has been much controversy over the safety of infant walk- ers and a recent study published in the Pediatrics Journal of the Ameri- can 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 even death remains. According to the study, which looked at the injuries of an estimated 230,676 children from 1994. Through 2014, ninety percent of these injuries involved were to the head and neck of young children. A ban on infant walkers is already in effect in Canada.
Infant walkers should not be sold in New York State because they pose a risk to infant safety, a risk that is entirely avoidable and preventa- ble. Infants can play in stationary play units that have grown in popu- larity over the years. Banning the sale of infant walkers will also send a warning message to those who already own infant walkers. This legis- lation will have the immediate effect of severely limiting the avail- ability 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 the State of New York.
Prior legislative history
New bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.