399-I - Prohibit any sale of unsafe cribs.

* §  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