N.Y.
General Business Law Section 399-KK
Prohibit the sale of infant walkers and restrict use of such walkers in certain settings
1.
For the purposes of this section:(a)
“Infant walker” shall mean a fully enclosed mobile unit with a seated area and wheeled based that enables a child to move on a horizontal surface when propelled by such child while seated or standing within the enclosed unit.(b)
“Distributor” shall mean any person who delivers to a person other than purchaser, for the purpose of retail sale.(c)
“Manufacturer” shall mean any person who makes and places into the stream of commerce an infant walker as defined by this section.(d)
“Retailer” shall have the same meaning as set forth in subdivision eleven of § 490-A (Definitions)section four hundred ninety-a of this chapter.(e)
“Secondhand dealer” shall have the same meaning as set forth in subdivision six of § 490-A (Definitions)section four hundred ninety-a of this chapter.(f)
“Child care facility” shall mean any child day care provider as defined in Social Services Law § 390 (Child day care)section three hundred ninety of the social services law or child care program as defined in article forty-seven of the New York city health code as authorized by section five hundred fifty-eight of the New York city charter.(g)
“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.2.
No manufacturer, importer, distributor, wholesaler, retailer or secondhand dealer shall sell, lease, offer for sale, or offer for lease in this state any infant walker.3.
(a) On or after the effective date of this section, no child care facility shall use or have on the premises any infant walker unless a medical professional has determined that use of an infant walker is medically necessary for a particular child in such child care facility.(b)
The office of children and family services, in consultation with the city of New York department of health and mental hygiene, shall notify child care facilities of the provisions of this subdivision in plain, non-technical language. Such notice shall be given to every child care facility upon the effective date of this section or as soon as practicable thereafter, and such notice shall also be given to each applicant for license or registration pursuant to Social Services Law § 390 (Child day care)section three hundred ninety of the social services law.(c)
The office of children and family services shall promulgate rules and regulations to carry out the provisions of this subdivision, with respect to the ban on infant walkers in child care facilities.4.
Whenever there shall be a violation of subdivision two 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 Civil Practice Law & Rules Law § 8303 (Additional allowance in the discretion of the court)section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of subdivision two of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for each violation. Each sale of an infant walker 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.5.
If any provision of this section or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. * NB Effective March 12, 2026
Source:
Section 399-KK — Prohibit the sale of infant walkers and restrict use of such walkers in certain settings, https://www.nysenate.gov/legislation/laws/GBS/399-KK (updated Dec. 19, 2025; accessed Dec. 20, 2025).