SENATE AMENDED
PRIOR PRINTER'S NOS. 104, 1140 PRINTER'S NO. 3686
No. 122 Session of 1999
INTRODUCED BY RUBLEY, L. I. COHEN, GEIST, GEORGE, CORRIGAN,
BEBKO-JONES, ORIE, BELFANTI, WOGAN, YOUNGBLOOD, LAUGHLIN,
STABACK, E. Z. TAYLOR, TRELLO, MICOZZIE, J. TAYLOR, KENNEY,
HENNESSEY, MELIO, WILLIAMS, McCALL, SEYFERT, PLATTS, BARD,
M. COHEN, BELARDI, HARHAI, DeLUCA, CIVERA AND DeWEESE,
JANUARY 25, 1999
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, JUNE 7, 2000
AN ACT
1 Regulating the use of certain infant cribs; providing a cause of
2 action; and imposing a penalty.
3 The General Assembly finds and declares as follows:
4 (1) The disability and death of infants resulting from
5 injuries sustained in crib accidents are a serious threat to
6 the public health, welfare and safety of the people of this
7 Commonwealth.
8 (2) Infants are an especially vulnerable class of <--
9 people.
10 (3) The design and construction of a baby crib must
11 ensure that it is safe to leave an infant unattended for
12 extended periods of time.
13 (2) THE DESIGN AND CONSTRUCTION OF AN INFANT CRIB MUST <--
14 ENSURE THAT IT IS SAFE. A parent or caregiver has a right to
15 believe that the crib in use is a safe place to leave SAFE TO <--
1 PLACE an infant.
2 (4) (3) Over 13,000 infants are injured in unsafe cribs <--
3 every year.
4 (5) In the past decade, 622 infants died, a rate of 62 <--
5 infants each year, from injuries sustained in unsafe cribs.
6 (6) In the last five years, five children ranging from
7 seven months of age to 17 months of age have died from
8 injuries sustained in unsafe cribs in this Commonwealth, and
9 many more have been injured.
10 (7) The United States Consumer Product Safety Commission
11 estimates that the cost to society resulting from injuries
12 and deaths due to unsafe cribs is $235,000,000 per year.
13 (8) Secondhand, hand-me-down and heirloom cribs pose a
14 special problem. There were 4,000,000 infants born in this
15 country last year but only 1,000,000 new cribs were sold. As
16 many as three out of four infants are placed in secondhand,
17 handme-down or heirloom cribs.
18 (9) Most injuries and deaths occur in secondhand, hand-
19 me-down or heirloom cribs because those cribs do not conform
20 to modern safety standards.
21 (10) Existing Federal and State law is inadequate to
22 deal with this hazard.
23 (11) (4) Prohibiting the remanufacture, retrofit, sale <--
24 or contracting to sell or resell, leasing or subletting of
25 unsafe INFANT cribs, particularly unsafe secondhand, hand-me- <--
26 down or heirloom cribs, will prevent REDUCE injuries and <--
27 deaths caused by cribs.
28 (12) The purpose of this act is to prevent the <--
29 (5) THE ACT IS INTENDED TO REDUCE THE occurrence of <--
30 injuries and deaths to infants as a result of unsafe cribs
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1 which do not conform to modern safety standards by making it
2 illegal to remanufacture, retrofit, sell, contract to sell or
3 resell, lease, sublet or otherwise place in the stream of
4 commerce, after the effective date of this act, any full-size <--
5 or nonfull-size crib that is unsafe for any infant using a
6 crib.
7 (13) (6) This act is intended to encourage public and <--
8 private collaboration in disseminating materials relative to
9 the safety of baby INFANT cribs to parents, child-care <--
10 providers and those individuals who would be likely to place
11 unsafe INFANT cribs in the stream of commerce. <--
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Short title.
15 This act shall be known and may be cited as the Infant Crib
16 Safety Act.
17 Section 2. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Commercial user." A person who deals in full-size or
22 nonfull-size cribs or who otherwise by one's occupation holds
23 oneself out as having knowledge or skill peculiar to full-size
24 or nonfull-size cribs, including child-care facilities and
25 family child-care homes licensed by the Commonwealth or any
26 person who is in the business of remanufacturing, retrofitting,
27 selling, leasing, subletting or otherwise placing in the stream
28 of commerce full-size or nonfull-size cribs.
29 "Crib." A bed or containment designed to accommodate an
30 infant.
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1 "Full-size crib." A full-size baby crib as defined in 16 CFR
2 Pt. 1508 (relating to requirements for full-size baby cribs).
3 "Infant." A person less than 35 inches tall and less than
4 three years of age.
5 "Nonfull-size crib." Nonfull-size baby crib as defined in 16
6 CFR Pt. 1509 (relating to requirements for non-full-size baby
7 cribs).
8 "Person." A natural person, firm, partnership, corporation,
9 association, agent or employee thereof.
10 Section 3. Unsafe cribs prohibited.
11 (a) Commercial users.--No commercial user shall
12 remanufacture, retrofit, sell, contract to sell or resell,
13 lease, sublet or otherwise place in the stream of commerce, on <--
14 or after the effective date of this act, a full-size or nonfull-
15 size crib that is unsafe for any infant using the crib because
16 it does not conform to subsection (c)(1), (2) or (3) or because
17 it has any of the dangerous features or characteristics set
18 forth in subsection (d).
19 (b) Other entities.--No hotel, motel and similar transient
20 lodging facilities shall offer or provide for use or otherwise
21 place in the stream of commerce, on or after the effective date
22 of this act, a full-size or nonfull-size crib that is unsafe for
23 any infant using the crib because it does not conform to
24 subsection (c)(1), (2) or (3) or because it has any of the
25 dangerous features or characteristics set forth in subsection
26 (d).
27 (c) Presumption of unsafe cribs.--A crib shall be presumed
28 to be unsafe under this act if it does not conform to all of the
29 following:
30 (1) 16 CFR Pts. 1303 (relating to ban of lead-containing
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1 paint and certain consumer products bearing lead-containing
2 paint), 1508 (relating to requirements for full-size baby
3 cribs) and 1509 (relating to requirements for non-full-size
4 baby cribs).
5 (2) American Society for Testing Materials Voluntary
6 Standards F966-96, F1169-88 and F1822-97.
7 (3) Any regulations that are adopted in order to amend
8 or supplement the regulations described in paragraphs (1) and
9 (2).
10 (d) Dangerous features or characteristics.--Cribs that are
11 unsafe shall include, but not be limited to, cribs that have any
12 of the following dangerous features or characteristics:
13 (1) corner posts that extend more than one-sixteenth of
14 an inch;
15 (2) spaces between side slats more than two and three-
16 eighths inches;
17 (3) mattress support that can be easily dislodged from
18 any point of the crib. A mattress segment shall be deemed
19 easily dislodged if it cannot withstand at least a 25-pound
20 upward force from underneath the crib;
21 (4) cutout designs on the end panels;
22 (5) rail height dimensions that do not conform to the
23 following:
24 (i) The height of the rail and end panel as measured
25 from the top of the rail or panel in its lowest position
26 to the top of the mattress support in its highest
27 position is at least nine inches.
28 (ii) The height of the rail and end panel as
29 measured from the top of the rail or panel in its highest
30 position to the top of the mattress support in its lowest
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1 position is at least 26 inches.
2 (6) any screw, bolt or hardware that is loose and not
3 secured;
4 (7) any sharp edge, point or rough surface or any wood
5 surface that is not smooth and free from splinters, splits or
6 cracks;
7 (8) a tear in mesh or fabric sides, for a nonfull-size
8 crib; and
9 (9) with respect to portable, folding cribs, latches
10 that do not work automatically to prevent the unintentional
11 collapse of the cribs.
12 Section 4. Certain cribs exempt.
13 (a) General rule.--A crib that is clearly not intended for
14 use by an infant including, without limitation BUT NOT LIMITED <--
15 TO, a toy or display item shall be exempt from this act provided
16 that the crib is accompanied at the time of remanufacturing,
17 retrofitting, selling, leasing, subletting or otherwise placed
18 in the stream of commerce by a notice to be furnished by the
19 commercial user declaring that the crib is not intended to be
20 used for an infant and is dangerous to use for an infant.
21 (b) Civil immunity.--A commercial user WHO HAS COMPLIED WITH <--
22 THE NOTICE REQUIREMENTS SET FORTH UNDER SUBSECTION (A) shall be
23 immune from civil liability resulting from THE use of a crib <--
24 contrary to the notice required by subsection (a) PROVISIONS OF <--
25 THIS ACT.
26 Section 5. Penalty.
27 A commercial user, hotel, motel or similar transient lodging
28 facility who THAT willfully and knowingly violates section 3 <--
29 commits a summary offense and, upon conviction, shall be
30 punishable by a fine of not more than $1,000.
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1 Section 6. Cause of action.
2 (a) Commercial users.--Any person may maintain an action
3 against any commercial user who violates section 3 to enjoin the
4 manufacture, remanufacture, retrofit, sale, contract to sell,
5 contract to resell, lease or subletting of a full-size or
6 nonfull-size crib that is unsafe for an infant, and may recover
7 reasonable attorney fees and costs in the action.
8 (b) Other entities.--Any person may maintain an action
9 against any hotel, motel OR similar transient lodging facility <--
10 which THAT violates section 3 to enjoin the use of a full-size <--
11 or nonfull-size crib that is unsafe for an infant and for MAY <--
12 RECOVER reasonable attorney fees and costs IN THE ACTION. <--
13 Section 7. Duties of the Attorney General. <--
14 The Attorney General shall:
15 (1) Administer and enforce the provisions of this act.
16 (2) Adopt as standards in this Commonwealth any
17 requirements for full-size and nonfull-size baby cribs which
18 are at least as stringent as any requirement promulgated by
19 the Consumer Product Safety Commission.
20 (3) Collaborate with any public agency or private sector
21 entity to establish public education programs designed to
22 SECTION 7. VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER <--
23 PROTECTION LAW.
24 A VIOLATION OF THIS ACT SHALL BE DEEMED TO BE A VIOLATION OF
25 THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE
26 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
27 SECTION 8. DUTY OF THE DEPARTMENT OF HEALTH.
28 THE DEPARTMENT OF HEALTH SHALL BE AUTHORIZED TO COLLABORATE
29 WITH ANY PUBLIC AGENCY OR PRIVATE SECTOR ENTITY TO PREPARE
30 PUBLIC EDUCATION MATERIALS OR PROGRAMS DESIGNED TO inform
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1 parents, child-care providers, commercial users and any other
2 person or entity which is likely to place unsafe cribs in the
3 stream of commerce of the dangers posed by secondhand, hand-me-
4 down or heirloom cribs which do not conform to modern safety
5 standards or which have any of the dangerous features or
6 characteristics set forth in section 3(d).
7 Section 8 9. Remedies not exclusive. <--
8 The remedies available under this act shall be in addition to
9 any other remedies or procedures under any other provision of
10 law that may be available to an aggrieved party.
11 Section 9. Severability. <--
12 The provisions of this act are severable. If any provision of
13 this act or its application to any person or circumstance is
14 held invalid, the invalidity shall not affect other provisions
15 or applications of this act which can be given effect without
16 the invalid provision or application.
17 Section 10. Effective date.
18 This act shall take effect in 60 days.
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