BILL NUMBER: S6528
SPONSOR: CLEARE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL::
To ban the sale of infant inclined sleepers and restrict their use in
certain settings.
 
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 adds a new section to the general business law, section
399-iii. Subdivision 1 of this section provides definitions and subdivi-
sion 2 establishes a ban on sales, leases, or offers for sale or lease
of infant inclined sleepers.
Subdivision 3 provides that on or after the effective date of this
section, no child care facility may use or have on its premises any
infant inclined sleepers, unless a medical professional has determined
that the use of such sleeper is medically necessary for a particular
child. In addition, a requirement is placed upon the Office of Children
and Family Services (OCFS) to notify child care facilities of the ban on
infant inclined sleeper use. OCFS shall also establish rules and regu-
lations to comply with the ban on infant inclined sleepers in child care
facilities. Subdivision 4 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:
According to the Washington Post and Consumer Reports, as of October of
2019, at least 59 infant deaths have been linked to the use of infant
inclined sleepers. Inclined sleepers are free standing devices with an
inclined sleep surface primarily intended and marketed to provide sleep-
ing accommodations for an infant up to five months old or when the
infant begins to roll over or pull up on the sides of the sleeper,
whichever comes first. Last April, Fisher Price announced a recall on
all models of its popular Rock 'n Play sleepers and Kids II also
recalled all of its inclined rocking sleepers, after the US Consumer
Product Safety Commission and the American Academy of Pediatrics (AAP)
issued alerts warning parents of the possible dangers associated with
using these sleepers. Several other manufacturers continue to sell simi-
lar products.
AAP warns that inclined sleepers pose a risk for airway compression and
suffocation. According to medical records, the relevant deaths involved
airway compression due to babies being in an inclined sleeping position.
Sleeping on an incline can cause an infant's head to fall forward, which
compresses the neck and airway, leading to a drop in oxygen and heart
rates and eventually suffocation. AAP and other advocacy groups have
stressed that the safest way for babies to sleep is on their backs-alone
and on a firm surface free from any soft bedding, blankets, pillows or
toys.
This legislation is necessary to avoid preventable tragedies. There are
much safer sleeping alternatives available to parents and because of the
risks they pose, inclined sleepers should no longer be available for
sale in our state.
 
PRIOR LEGISLATIVE HISTORY::
A.8784, of 2019 and 2020, referred to consumer affairs and protection /
S. 7874, of 2020, referred to consumer protection.
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect on the sixtieth day after is shall have
become a law.