* § 399-i. Prohibit any sale of unsafe cribs. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Crib" means a bed or containment designated to accommodate an infant. (b) "Distribute" means to deliver to a person other than the purchaser, for the purpose of retail sale. (c) "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. (d) "Unsafe crib" shall mean any crib that does not conform to the standards endorsed or established by the federal Consumer Product Safety Commission including, but not limited to, Title 16 of the Code of Federal Regulations and the standards endorsed or established by American Society for Testing and Materials International (ASTM), as follows: (i) Part 1508 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (ii) Part 1509 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; and (iv) The following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs and any standards and specifications adopted to amend or supplement such standards: (A) ASTM F 966 (corner post standard), (B) ASTM F 1169 (structural integrity of full-size baby cribs), and (C) ASTM F 406 (non-full-size cribs). 2. (a) No person shall import, manufacture, or distribute an unsafe crib. (b) No retailer, as defined in subdivision eleven of section four hundred ninety-a of this chapter, or secondhand dealer, as defined in subdivision six of section four hundred ninety-a of this chapter, shall sell, lease or otherwise make available an unsafe crib. 3. Whenever there shall be a violation 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 this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. Each sale of an unsafe crib 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. 4. If any provision of this section or the application thereof to any person or circumstances is held unconstitutional, such invalidity shall not affect other provisions or applications of this section which can begiven effect without the invalid provision or application, and to this end the provisions of this section are severable. * NB Effective October 28, 2010
* § 399-i. Prohibit any sale of unsafe cribs. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Crib" means a bed or containment designated to accommodate an infant. (b) "Distribute" means to deliver to a person other than the purchaser, for the purpose of retail sale. (c) "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. (d) "Unsafe crib" shall mean any crib that does not conform to the standards endorsed or established by the federal Consumer Product Safety Commission including, but not limited to, Title 16 of the Code of Federal Regulations and the standards endorsed or established by American Society for Testing and Materials International (ASTM), as follows: (i) Part 1508 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (ii) Part 1509 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; and (iv) The following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs and any standards and specifications adopted to amend or supplement such standards: (A) ASTM F 966 (corner post standard), (B) ASTM F 1169 (structural integrity of full-size baby cribs), and (C) ASTM F 406 (non-full-size cribs). 2. (a) No person shall import, manufacture, or distribute an unsafe crib. (b) No retailer, as defined in subdivision eleven of section four hundred ninety-a of this chapter, or secondhand dealer, as defined in subdivision six of section four hundred ninety-a of this chapter, shall sell, lease or otherwise make available an unsafe crib. 3. Whenever there shall be a violation 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 this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. Each sale of an unsafe crib 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. 4. If any provision of this section or the application thereof to any person or circumstances is held unconstitutional, such invalidity shall not affect other provisions or applications of this section which can begiven effect without the invalid provision or application, and to this end the provisions of this section are severable. * NB Effective October 28, 2010
* § 399-i. Prohibit any sale of unsafe cribs. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Crib" means a bed or containment designated to accommodate an infant. (b) "Distribute" means to deliver to a person other than the purchaser, for the purpose of retail sale. (c) "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. (d) "Unsafe crib" shall mean any crib that does not conform to the standards endorsed or established by the federal Consumer Product Safety Commission including, but not limited to, Title 16 of the Code of Federal Regulations and the standards endorsed or established by American Society for Testing and Materials International (ASTM), as follows: (i) Part 1508 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (ii) Part 1509 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; (iii) Part 1303 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such part; and (iv) The following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs and any standards and specifications adopted to amend or supplement such standards: (A) ASTM F 966 (corner post standard), (B) ASTM F 1169 (structural integrity of full-size baby cribs), and (C) ASTM F 406 (non-full-size cribs). 2. (a) No person shall import, manufacture, or distribute an unsafe crib. (b) No retailer, as defined in subdivision eleven of section four hundred ninety-a of this chapter, or secondhand dealer, as defined in subdivision six of section four hundred ninety-a of this chapter, shall sell, lease or otherwise make available an unsafe crib. 3. Whenever there shall be a violation 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 this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. Each sale of an unsafe crib 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. 4. If any provision of this section or the application thereof to any person or circumstances is held unconstitutional, such invalidity shall not affect other provisions or applications of this section which can begiven effect without the invalid provision or application, and to this end the provisions of this section are severable. * NB Effective October 28, 2010
