New York Law Blog



Choking Hazard Legislation

A new bill proposed in New York City Council aims to require store owners throughout the five boroughs to post choking warnings should they sell anything that might be perceived as a choking hazard to children 5 years of age and younger. Brought to the council by member Domenic Recchia from Brooklyn, should the bill pass it would come with a $250 violation for those who fail to comply. Mr. Recchia was driven to action after the son of a constituent in his district died last year after choking to death on a grape which experts say should be cut up into pieces for small children.

"A lot of parents don’t have any idea what choking hazards are. They would never think of a grape as dangerous," the council member said in an interview. "Do you know how many parents don’t know that popcorn can choke a child?"

Mr. Recchia compared the bill to recent legislation requiring calories to be displayed in chain restaurants, saying the intention in both cases was to promote awareness about food safety. "If they can put the number of calories on products sold to the public from fast food restaurants, then we could put labels on products that are dangerous to children," he said.

Some however worry about the bill being a bit broad and taking the law one step too far.  How did some business owners that might be affected by the situation react?

Businesses owners who would be affected by the bill have expressed concern that the proposed regulations might make their operations more difficult. A lobbyist for the Neighborhood Retail Alliance, Richard Lipsky, called the bill "overly burdensome."

"In an economic climate where food stores, bodegas, and supermarkets are going out of business, it is not the time to add regulatory burdens that make it more difficult for these neighborhood stores to survive and service their community," Mr. Lipsky said in an interview.

Is the proposed legislation taking it one step too far? Or should we do all we can do keep our children as safe as possible?

 

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