NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9445
SPONSOR: Paulin TITLE OF BILL:
An act to amend the social services law, in relation to prohibiting the
use of infant walkers in child care facilities; and to repeal section
399-kk of the general business law relating to prohibiting the sale of
infant walkers and restricting the use of such infant walkers in certain
settings
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to effectuate an amendment to Chapter 629 of
the laws of 2025 (approval memo 20) related to the use of infant walkers
in child care facilities.
SUMMARY OF PROVISIONS:
Section one:
*Prohibits child care facilities from using or having any infant walker
on the premises.
*Requires the office of children and family services in consultation
with the city of New York department of health and mental hygiene to
provide notice of the prohibition to child care facilities.
Section two is the effective date.
JUSTIFICATION:
This chapter makes amendments to clarify Chapter 629 of the laws of
2025.
There has been a lot of controversy concerning the safety of infant
walkers. Infant walkers are mobile devices used to encourage walking by
infants and babies, usually aged five months to 15 months. A recent
study published in the Pediatrics Journal of the American Academy of
Pediatrics found that even though there was an overall decline in inju-
ries since the Federal Consumer Product Safety Commission issued safety
standards regulations on infant walkers in 2010, the risk of serious
injury and death remains. According to the AAP's study, ninety percent
of the estimated 230,676 children injured from 1994 through 2014 had
injuries that involved the head and neck.
This chapter amendment will codify current Office of Children and Family
Services (OCFS) practices by prohibiting the use of infant walkers in
child care facilities throughout the state and will require OCFS in
consultation with NYC Department Health and Mental Hygiene to notify
each child care facility of such prohibition in non-technical language.
PRIOR LEGISLATIVE HISTORY:
This bill is a chapter amendment to Chapter 629 of the laws of 2025.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2025 amending the general business law relating
to prohibiting the sale of infant walkers and restricting the use of
such infant walkers in certain settings, as proposed in legislative
bills numbers S. 123 and A. 268, takes effect.
STATE OF NEW YORK
________________________________________________________________________
9445
IN ASSEMBLY
January 6, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the social services law, in relation to prohibiting the
use of infant walkers in child care facilities; and to repeal section
399-kk of the general business law relating to prohibiting the sale of
infant walkers and restricting the use of such infant walkers in
certain settings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 399-kk of the general business law, as added by a
2 chapter of the laws of 2025 amending the general business law relating
3 to prohibiting the sale of infant walkers and restricting the use of
4 such infant walkers in certain settings, as proposed in legislative
5 bills numbers S. 123 and A. 268, is REPEALED.
6 § 2. The social services law is amended by adding a new section 390-o
7 to read as follows:
8 § 390-o. Prohibit the use of infant walkers in child care facilities.
9 1. For the purposes of this section:
10 (a) "Infant walker" shall mean a mobile unit that enables a child to
11 move on a horizontal surface when propelled by the child sitting or
12 standing within the walker.
13 (b) "Child care facility" shall mean any child day care provider as
14 defined in section three hundred ninety of this title or child care
15 program as defined in article forty-seven of the New York city health
16 code as authorized by section five hundred fifty-eight of the New York
17 city charter.
18 2. (a) On or after the effective date of this section, no child care
19 facility shall use or have on the premises any infant walker.
20 (b) The office of children and family services, in consultation with
21 the city of New York department of health and mental hygiene, shall
22 notify child care facilities of the provisions of this subdivision in
23 plain, non-technical language. Such notice shall be given to every child
24 care facility upon the effective date of this section or as soon as
25 practicable thereafter, and such notice shall also be given to each
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00236-02-6
A. 9445 2
1 applicant for license or registration pursuant to section three hundred
2 ninety of this title and each applicant for a permit pursuant to article
3 forty-seven of the New York city health code.
4 § 2. This act shall take effect on the same date and in the same
5 manner as a chapter of the laws of 2025 amending the general business
6 law relating to prohibiting the sale of infant walkers and restricting
7 the use of such infant walkers in certain settings, as proposed in
8 legislative bills numbers S. 123 and A. 268, takes effect.
