Prohibits the sale of infant walkers; restricts the use of such infant walkers in certain settings.
Summary
S00123 would add a new section to New York’s General Business Law prohibiting the sale, lease, offer for sale, or offer for lease of infant walkers by manufacturers, importers, distributors, wholesalers, retailers, and secondhand dealers. The bill defines an infant walker as a fully enclosed mobile unit with a seated area and wheeled base that allows a child to move across a horizontal surface while seated or standing inside the device.
In addition to the statewide sales ban, the bill restricts use of infant walkers in child care facilities. Such facilities could not use or keep infant walkers on the premises unless a medical professional determines that use is medically necessary for a particular child. The Office of Children and Family Services, in consultation with the New York City Department of Health and Mental Hygiene, would be required to notify child care facilities of the rule in plain language and adopt regulations to implement it. Enforcement would be through the Attorney General, who could seek injunctions, restitution, and civil penalties of up to $500 per violation, with each unlawful sale treated as a separate violation.
Impact
The bill would amend the General Business Law by creating a new consumer protection provision that effectively removes infant walkers from the retail market in New York and limits their presence in licensed or regulated child care settings. It would also give the Attorney General direct enforcement authority and require OCFS to issue guidance and regulations for child care facilities, affecting manufacturers, importers, distributors, retailers, secondhand dealers, and child care providers statewide.
Sentiment
The available voting history suggests strong overall support for the bill. It passed the Senate Consumer Protection Committee unanimously, then cleared the Senate floor by a wide margin, and later passed the Assembly with a substantial majority. The lack of committee transcript material limits insight into detailed debate, but the recorded votes indicate broad bipartisan acceptance of the measure’s child safety rationale.
Contention
The main point of contention, to the extent any is reflected in the text, is the breadth of the sales ban and the restriction on child care facilities, including secondhand dealers and resale channels. The bill also creates an exception only when a medical professional finds the device medically necessary for a particular child, which may raise implementation questions for child care providers. No specific opposition arguments are provided in the available materials, but the enforcement mechanism and the statewide prohibition on sales are the most likely areas of concern.