New York S 6528: Relates to the prohibition of the sale of infant inclined sleepers and the restriction of the use of such inclined sleepers in certain settings

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S06528 Summary:

BILL NOS06528 

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SAME ASNo Same As

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SPONSORCLEARE

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COSPNSR

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MLTSPNSR

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Add §399-iii, Gen Bus L

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Prohibits the sale of infant inclined sleepers; restricts the use of such inclined sleepers in certain settings.

Go to top S06528 Actions:

BILL NOS06528 

&nbsp

03/17/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS06528 Committee&nbspVotes:

Go to topS06528 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06528 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6528

 2025-2026 Regular Sessions

 IN SENATE

 March 17, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to the prohibition
 of the sale of infant inclined sleepers and the restriction of the use
 of such sleepers 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-iii to read as follows:
 3 § 399-iii. Prohibit the sale of infant inclined sleepers and restrict
 4 use of such inclined sleepers in certain settings. 1. For the purposes
 5 of this section: (a) "Infant inclined sleeper" shall mean a free stand-
 6 ing product with an inclined sleep surface primarily intended and
 7 marketed to provide sleeping accommodations for an infant up to five
 8 months old or when the infant begins to roll over or pull up on the
 9 sides of the sleeper, whichever comes first.
 10 (b) "Distributor" shall mean any person who delivers to a person other
 11 than the purchaser, for the purpose of retail sale.
 12 (c) "Manufacturer" shall mean any person who makes and places into the
 13 stream of commerce an infant inclined sleeper as defined by this
 14 section.
 15 (d) "Retailer" shall have the same meaning as set forth in subdivision
 16 eleven of section four hundred ninety-a of this chapter.
 17 (e) "Secondhand dealer" shall have the same meaning as set forth in
 18 subdivision six of section four hundred ninety-a of this chapter.
 19 (f) "Child care facility" shall mean any child day care provider as
 20 defined in section three hundred ninety of the social services law or
 21 child care program as defined in article forty-seven of the New York
 22 city health code as authorized by section five hundred fifty-eight of
 23 the New York city charter.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11040-01-5

 S. 6528 2

 1 (g) "Person" shall mean a natural person, firm, corporation, limited
 2 liability company, association, or an employee or agent of a natural
 3 person or an entity included in this definition.
 4 2. No manufacturer, importer, distributor, wholesaler, retailer or
 5 secondhand dealer shall sell, lease, offer for sale, or offer for lease
 6 in this state any infant inclined sleeper.
 7 3. (a) On or after the effective date of this section, no child care
 8 facility shall use or have on the premises any infant inclined sleeper
 9 unless a medical professional has determined that use of an infant
 10 inclined sleeper is medically necessary for a particular child in such
 11 child care facility.
 12 (b) The office of children and family services, in consultation with
 13 the city of New York department of health and mental hygiene, shall
 14 notify child care facilities of the provisions of this subdivision in
 15 plain, non-technical language. Such notice shall be given to every child
 16 care facility upon the effective date of this section or as soon as
 17 practicable thereafter, and such notice shall also be given to each
 18 applicant for license or registration pursuant to section three hundred
 19 ninety of the social services law.
 20 (c) The office of children and family services shall promulgate rules
 21 and regulations to carry out the provisions of this subdivision, with
 22 respect to the ban on infant inclined sleepers in child care facilities.
 23 4. Whenever there shall be a violation of subdivision two of this
 24 section an appl