NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A325
SPONSOR: Paulin 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 of the bill amends the general business law by adding a new
section 399-k. This section includes a definitions section and estab-
lishes a ban on sales, leases, or offers for sale or lease of infant
walkers.
Section 1 also states that no childcare 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 one 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 (AAP) 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 five
months to 15 months.
There has been a lot of controversy concerning the safety of infant
walkers. A recent study published in the Pediatrics Journal of the Amer-
ican 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 death remains. According to the AAP's study, nine-
ty percent of the estimated 230,676 children injured from 1994 through
2014 had injuries that involved the head and neck. A ban on infant walk-
ers is already in effect in Canada. New York should follow Canada's lead
and ban the sale of infant walkers because of the safety risks they
pose. This risk is entirely avoidable and preventable as infants can
play in stationary play units that have grown in popularity over the
years. Banning the sale of infant walkers will also send a warning
message to those who already own infant walkers. This legislation will
have immediate effect of severely limiting the availability 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:
A.624 (Paulin) 2019-20
A.564 (Paulin) 2021-22
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.
STATE OF NEW YORK
________________________________________________________________________
325
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
WEPRIN, SIMON -- read once and referred to the Committee on Consumer
Affairs and Protection
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 Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-k to read as follows:
3 § 399-k. Prohibit the sale of infant walkers and restrict use of such
4 walkers in certain settings. 1. For the purposes of this section:
5 (a) "Infant walker" shall mean a mobile unit that enables a child to
6 move on a horizontal surface when propelled by such child while such
7 child is sitting or standing within such mobile unit.
8 (b) "Distributor" shall mean any person who delivers to a person other
9 than purchaser, for the purpose of retail sale.
10 (c) "Manufacturer" shall mean any person who makes and places into the
11 stream of commerce an infant walker as defined by this section.
12 (d) "Retailer" shall have the same meaning as set forth in subdivision
13 eleven of section four hundred ninety-a of this chapter.
14 (e) "Secondhand dealer" shall have the same meaning as set forth in
15 subdivision six of section four hundred ninety-a of this chapter.
16 (f) "Child care facility" shall mean any child day care provider as
17 defined in section three hundred ninety of the social services law or
18 child care program as defined in article forty-seven of the New York
19 city health code as authorized by section five hundred fifty-eight of
20 the New York city charter.
21 (g) "Person" shall mean a natural person, firm, corporation, limited
22 liability company, association, or an employee or agent of a natural
23 person or an entity included in this definition.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01652-01-3
A. 325 2
1 2. No manufacturer, importer, distributor, wholesaler, retailer or
2 secondhand dealer shall sell, lease, offer for sale, or offer for lease
3 in this state any infant walker.
4 3. (a) On or after the effective date of this section, no child care
5 facility shall use or have on the premises any infant walker unless a
6 medical professional has determined that use of an infant walker is
7 medically necessary for a particular child in such child care facility.
8 (b) The office of children and family services, in consultation with
9 the city of New York department of health and mental hygiene, shall
10 notify child care facilities of the provisions of this subdivision in
11 plain, non-technical language. Such notice shall be given to every child
12 care facility upon the effective date of this section or as soon as
13 practicable thereafter, and such notice shall also be given to each
14 applicant for license or registration pursuant to section three hundred
15 ninety of the social services law.
16 (c) The office of children and family services shall promulgate rules
17 and regulations to carry out the provisions of this subdivision, with
18 respect to the ban on infant walkers in child care facilities.
19 4. Whenever there shall be a violation of subdivision two of this
20 section an application may be made by the attorney general in the name
21 of the people of the state of New York to a court or justice having
22 jurisdiction by a special proceeding to issue an injunction, and upon
23 notice to the defendant of not less than five days, to enjoin and
24 restrain the continuance of such violations; and if it shall appear to
25 the satisfaction of the court or justice that the defendant has, in
26 fact, violated this section, an injunction may be issued by the court or
27 justice, enjoining and restraining any further violations, without
28 requiring proof that any person has, in fact, been injured or damaged
29 thereby. In any such proceeding, the court may make allowances to the
30 attorney general as provided in paragraph six of subdivision (a) of
31 section eighty-three hundred three of the civil practice law and rules,
32 and direct restitution. Whenever the court shall determine that a
33 violation of subdivision two of this section has occurred, the court may
34 impose a civil penalty of not more than five hundred dollars for each
35 violation. Each sale of an infant walker in violation of this section
36 shall constitute a separate violation. In connection with any such
37 proposed application, the attorney general is authorized to take proof
38 and make a determination of the relevant facts and to issue subpoenas in
39 accordance with the civil practice law and rules.
40 5. If any provision of this section or the application thereof to any
41 person or circumstance is held unconstitutional, such invalidity shall
42 not affect other provisions or applications of this section which can be
43 given effect without the invalid provision or application, and to this
44 end the provisions of this section are severable.
45 § 2. This act shall take effect on the ninetieth day after it shall
46 have become a law. Effective immediately, the addition, amendment and/or
47 repeal of any rule or regulation necessary for the implementation of
48 this act on its effective date are authorized and directed to be made
49 and completed on or before such effective date.
