What's happening
This bill bans the sale and use of crib bumper pads in New York, with limited medical exceptions in child care settings.
Why it matters
Addresses infant safety concerns. The bill targets crib bumper pads due to their association with suffocation and infant deaths, reflecting growing consensus among pediatric experts and organizations that these products pose serious health risks.
Broad application and enforcement. The prohibition covers not just retailers, but also manufacturers, distributors, importers, wholesalers, and secondhand dealers, making it difficult for these products to enter or circulate within the New York market.
Limits exceptions strictly to medical necessity. Crib bumper pads can only be used in child care settings or public accommodations (like hotels) if a medical professional determines they are medically necessary for a specific child, reducing the likelihood of routine or decorative use.
Establishes clear penalties and regulatory process. The bill empowers the attorney general to seek injunctions and civil penalties (up to $500 per violation), and mandates state agencies to notify and regulate child care providers, ensuring the law is actively communicated and enforced.
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Who cares
Headline styles
Ban Crib Bumper Pads
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
3 Co-sponsors
History
- Signed chap.165
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.44
- Substituted for A217A
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.817
- Reported and committed to rules
- Print number 3788a
Show 2 earlier actions
- 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 Crib Bumper Pads
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3788--A
2019-2020 Regular Sessions
IN SENATE
February 14, 2019
Introduced by Sens. CARLUCCI, BIAGGI, MARTINEZ, SEPULVEDA -- 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
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
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-ii to read as follows:
§ 399-ii. Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings. 1. For the purposes of this section: (a) "Crib" shall mean a bed or containment designated to accommodate an infant.
(b) "Crib bumper pads" shall mean a pad or pads of a non-mesh material resting directly above the mattress in a crib, running the surface area of the crib or along the length of any of the interior sides of the crib. "Crib bumper pad" does not include mesh liners.
(c) "Distributor" shall mean any person who delivers to a person other than the purchaser, for the purpose of retail sale.
(d) "Manufacturer" shall mean any person who makes and places into the stream of commerce a bumper pad as defined by this section.
(e) "Retailer" shall have the same meaning as set forth in subdivision eleven of section four hundred ninety-a of this chapter.
(f) "Secondhand dealer" shall have the same meaning as set forth in subdivision six of section four hundred ninety-a of this chapter.
(g) "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.
LBD00621-05-9
S. 3788--A 2
city health code as authorized by section five hundred fifty-eight of the New York city charter.
(h) "Place of public accommodation" shall mean any inn, hotel, motel, motor court or other establishment that provides lodging to transient guests. Such term shall not include an establishment treated as an apartment building for purposes of any state or local law or regulation or an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment.
(i) "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 crib bumper pad as an accessory to a crib or as a separate item.
3. (a) On or after the effective date of this section, no child care facility or place of public accommodation shall use or have on the premises any crib bumper pads unless a medical professional has determined that use of crib bumper pads is medically necessary for a particular child using a crib in such child care facility or place of public accommodation.
(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 crib bumper pads 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 a crib bumper pad 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
S. 3788--A 3
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 sixtieth day after it shall have become a law.
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 the prohibition of the sale of crib bumper pads and the restriction of the use of such pads in certain settings
Purpose or general idea of bill
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 specific provisions
Section 1, subdivision 1, paragraphs (a) through (i) provides a defi- nitions section, including a definition of crib bumper pads. The defi- nition of crib bumper pads does not include vertical railguards which wrap around each rail individually, and exempts mesh liners.
Read the full memo (605 words)
Section 1, subdivision establishes the ban on sales, leases, or offers for sale or lease of all crib bumper bads.
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 unles a medical professional has determined that the use of bumper pads is medically necessary for a particular child. Paragraph (b) of this subdivision states that the office of children and family services will notify child care facilities of the provisions in this subdivi- sion.Paragraph (c) provides that the office of children and family services shall establish rules to comply with the ban on crib bumper, 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.
Section 1, subdivision S states that provisions of this section are severable and that if any provision of this section is held to be uncon- stitutional, 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 Pediatric and the American Sudden Infant Death Syndrome Institute have both issued warning 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 or Pediatrics reports that ationwide, twenty-three babies died between 2006 and 2012 from suffoca- tion associated with the use of crib bumper pad. This number is three times higher thaa 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 addi- tional 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 death and ensure cnildren's safety in their cribs.
Prior legislative history
2017-1S: S4055-B/A4151-A - RULES /passed assembly A.9186-E, 2016 mood Assembly. Same as S.704.1-A, 1016 referred to rules.
Fiscal implications
No fiscal impact to the State.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.