Public Act 094-0011
 
SB0526 Enrolled LRB094 08995 DRJ 39216 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children's Product Safety Act is amended by
changing Sections 10, 15, 20, 25, and 30 and by adding Sections
17, 26, and 27 as follows:
 
    (430 ILCS 125/10)
    Sec. 10. Definitions. In this Act:
    (a) "Children's product" means a product, including but not
limited to a full-size crib, non-full-size crib, toddler bed,
bed, car seat, chair, high chair, booster chair, hook-on chair,
bath seat, gate or other enclosure for confining a child, play
yard, stationary activity center, carrier, stroller, walker,
swing, or toy or play equipment, that meets the following
criteria:
        (i) the product is designed or intended for the care
    of, or use by, any child under age 9 children under 6 years
    of age or is designed or intended for the care of, or use
    by, both children under 6 years of age and children 6 years
    of age or older; and
        (ii) the product is designed or intended to come into
    contact with the child while the product is used.
    Notwithstanding any other provision of this Section, a
product is not a "children's product" for purposes of this Act
if:
        (I) it may be used by or for the care of a child under
    age 9 6 years of age, but it is designed or intended for
    use by the general population or segments of the general
    population and not solely or primarily for use by or the
    care of a child; or
        (II) it is a medication, drug, or food or is intended
    to be ingested.
    (b) "Commercial dealer user" means any person who deals in
children's products or who otherwise by one's occupation holds
oneself out as having knowledge or skill peculiar to children's
products, or any person who is in the business of
remanufacturing, retrofitting, selling, leasing, subletting,
or otherwise placing in the stream of commerce children's
products.
    (b-5) "Manufacturer" means any person who makes and places
into the stream of commerce a children's product as defined by
this Act.
    (b-10) "Importer" means any person who brings into this
country and places into the stream of commerce a children's
product.
    (b-15) "Distributor" and "wholesaler" means any person,
other than a manufacturer or retailer, who sells or resells or
otherwise places into the stream of commerce a children's
product.
    (b-20) "Retailer" means any person other than a
manufacturer, distributor, or wholesaler who sells, leases, or
sublets children's products.
    (b-25) "First seller" means any retailer selling a
children's product that has not been used or has not previously
been owned. A first seller does not include an entity such as a
second-hand or resale store.
    (c) "Person" means a natural person, firm, corporation,
limited liability company, or association, or an employee or
agent of a natural person or an entity included in this
definition.
    (d) "Infant" means any person less than 35 inches tall and
less than 3 years of age.
    (e) "Crib" means a bed or containment designed to
accommodate an infant.
    (f) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
    (g) "Non-full-size crib" means a non-full-size crib as
defined in Section 1509.2 of Title 16 of the Code of Federal
Regulations regarding the requirements for non-full-size
cribs.
    (h) "End consumer" means a person who purchases a
children's product for any purpose other than resale.
(Source: P.A. 91-413, eff. 1-1-00.)
 
    (430 ILCS 125/15)
    Sec. 15. Unsafe children's products; prohibition.
    (a) On and after the effective date of this amendatory Act
of the 94th General Assembly, no No commercial dealer,
manufacturer, importer, distributor, wholesaler, or retailer
user may manufacture, remanufacture, retrofit, distribute,
sell at wholesale or retail, contract to sell or resell, lease,
or sublet, or otherwise place in the stream of commerce, on or
after January 1, 2000, a children's product that is unsafe.
    (b) A children's product is deemed to be unsafe for
purposes of this Act only if it meets any of the following
criteria:
        (1) It does not conform to all applicable federal laws
    and regulations setting forth standards for the children's
    product.
        (2) It has been recalled for any reason by or in
    cooperation with an agency of the federal government or the
    product's manufacturer, wholesaler, distributor, or
    importer and the recall has not been rescinded.
        (3) An agency of the federal government or the
    product's manufacturer, wholesaler, distributor, or
    importer has issued a warning that a specific product's
    intended use constitutes a safety hazard and the warning
    has not been rescinded.
    (b-5) The Department of Public Health shall do the
following:
        (1) Maintain create, maintain, and update a
    comprehensive list of children's products that have been
    identified as meeting any of the criteria set forth in
    subdivisions (1) through (3) of this subsection (b).
        (2) Update the comprehensive list within 24 hours after
    a children's product has been identified as meeting any of
    the criteria set forth in subsection (b).
        (3) Make The Department of Public Health shall make the
    comprehensive list available to the public at no cost and
    shall post it on the Internet, and encourage links. The
    Internet posting shall provide a link to www.recalls.gov or
    its successor and shall otherwise make available a link to
    the specific recall notice or warning concerning the
    children's product that has been recalled or for which a
    warning has been issued. The Department must review and
    update these links on a regular basis.
        (4) Include information regarding the comprehensive
    list of unsafe children's products maintained under this
    Section in regular publications or mailings such as those
    sent to persons including, but not limited to:
    pediatricians; Special Supplemental Nutrition Program for
    Women, Infants, and Children (WIC) clinics; and local
    health departments.
    (c) A crib is presumed to be unsafe for purposes of this
Act if it does not conform to the standards endorsed or
established by the Consumer Product Safety Commission,
including but not limited to Title 16 of the Code of Federal
Regulations and the standards endorsed or established by ASTM
International American Society for Testing and Materials, as
follows:
        (1) Part 1508 of Title 16 of the Code of Federal
    Regulations and any regulations adopted to amend or
    supplement the regulations.
        (2) Part 1509 of Title 16 of the Code of Federal
    Regulations and any regulations adopted to amend or
    supplement the regulations.
        (3) Part 1303 of Title 16 of the Code of Federal
    Regulations and any regulations adopted to amend or
    supplement the regulations.
        (4) The following standards and specifications of ASTM
    International the American Society for Testing Materials
    for corner posts of baby cribs and structural integrity of
    baby cribs:
            (A) ASTM F 966 966-90 (corner post standard).
            (B) ASTM F 1169 1169-88 (structural integrity of
        full-size baby cribs).
            (C) ASTM F 406 1822-97 (non-full-size cribs).
    The Department of Public Health shall make the requirements
set forth in this subsection (c) available to the public.
    (d) (Blank.) Cribs that are unsafe shall include, but not
be limited to, cribs that have any of the following dangerous
features or characteristics:
        (1) Corner posts that extend more than one-sixteenth of
    an inch.
        (2) Spaces between side slats more than 2.375 inches.
        (3) Mattress support that can be easily dislodged from
    any point of the crib. A mattress segment can be easily
    dislodged if it cannot withstand at least a 25-pound upward
    force from underneath the crib.
        (4) Cutout designs on the end panels.
        (5) Rail height dimensions that do not conform to both
    of the following:
            (A) The height of the rail and end panel as
        measured from the top of the rail or panel in its
        lowest position to the top of the mattress support in
        its highest position is at least 9 inches.
            (B) The height of the rail and end panel as
        measured from the top of the rail or panel in its
        highest position to the top of the mattress support in
        its lowest position is at least 26 inches.
        (6) Any screws, bolts, or hardware that are loose and
    not secured.
        (7) Sharp edges, points, or rough surfaces, or any wood
    surfaces that are not smooth and free from splinters,
    splits, or cracks.
        (8) Tears in mesh or fabric sides in a non-full-size
    crib.
        (9) A non-full-size crib that folds in a "V" shape
    design does not have top rails that automatically lock into
    place when the crib is fully set up.
        (10) The mattress pad in a non-full-size mesh/fabric
    crib exceeds one inch.
    (e) An unsafe children's product, as determined pursuant to
subdivisions (1), (2), and (3) of subsection (b) of this
Section 15, may be retrofitted if the retrofit has been
approved by the agency of the federal government issuing the
recall or warning or the agency responsible for approving the
retrofit is different from the agency issuing the recall or
warning. A retrofitted children's product may be sold if it is
accompanied at the time of sale by a notice declaring that it
is safe to use for a child under age 9 6 years of age. The
notice shall include: (1) a description of the original problem
which made the recalled product unsafe; (2) a description of
the retrofit which explains how the original problem was
eliminated and declaring that it is now safe to use for a child
under age 9 6 years of age; and (3) the name and address of the
commercial dealer, manufacturer, importer, distributor, or
wholesaler user who accomplished the retrofit certifying that
the work was done along with the name and model number of the
product retrofitted. The commercial dealer, manufacturer,
importer, distributor, or wholesaler user is responsible for
ensuring that the notice is present with the retrofitted
product at the time of sale. A retrofit is exempt from this Act
if:
        (i) the retrofit is for a children's product that
    requires assembly by the consumer, the approved retrofit is
    provided with the product by the commercial dealer,
    manufacturer, importer, distributor, or wholesaler user,
    and the retrofit is accompanied at the time of sale by
    instructions explaining how to apply the retrofit; or
        (ii) the seller of a previously unsold product
    accomplishes the repair, approved or recommended by an
    agency of the federal government, prior to sale.
(Source: P.A. 91-413, eff. 1-1-00.)
 
    (430 ILCS 125/17 new)
    Sec. 17. Product recalls.
    (a) If a manufacturer, importer, wholesaler, or
distributor of children's products has placed into the stream
of commerce in Illinois a children's product for which a recall
or warning has subsequently been issued by one of those
entities or by an agency of the federal government, then the
manufacturer, importer, wholesaler, or distributor must
initiate the following steps within 24 hours after issuing or
receiving the recall or warning:
        (1) Contact all of its commercial customers, other than
    end consumers, to whom it sold, leased, sublet, or
    transferred that particular children's product in
    Illinois. This contact must include providing the recall
    notice or warning and must be made to the person designated
    by the retailer for that product.
        (2) If the manufacturer, importer, wholesaler, or
    distributor maintains a web site, the entity must place on
    the home page (or the first entry point) of its web site a
    link to recall or warning information that contains the
    specific recall notice or warning that was issued for the
    product in question. The recall or warning information must
    include a description of the product, the reason for the
    recall or warning, a picture of the product, and
    instructions on how to participate in the recall or
    warning. The information may include only the product
    recall information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies. The recall or warning
    information must allow persons to participate in the recall
    through the web site of the manufacturer, importer,
    wholesaler, or distributor.
        (3) If the manufacturer, importer, wholesaler, or
    distributor sold directly to a non-commercial consumer,
    and the consumer provided either a shipping address or
    e-mail address at the time of sale, then the manufacturer,
    importer, wholesaler, or distributor must send a notice of
    the recall or warning to the consumer at either address
    provided. The notice must include a description of the
    product, the reason for the recall or warning, and
    instructions on how to participate in the recall or
    warning. The notice may include only the product recall
    information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies.
    (b) If a retailer receives notice of a recall or warning
regarding a children's product from a manufacturer, importer,
wholesaler, or distributor, or, in the case of an involuntary
recall, from a federal agency, and if the retailer at any time
offered the product for sale in Illinois, then the retailer
must do the following:
        (1) Within 3 business days after receiving the recall
    or warning from the manufacturer, importer, wholesaler, or
    distributor by a person designated by the retailer, the
    retailer must remove the children's product from the
    shelves of its stores or program its registers to ensure
    that the item cannot be sold.
        (2) If the product was sold through the retailer's web
    site, then within 3 business days after receipt of the
    recall or warning by the person designated by the retailer,
    the retailer must remove the children's product from the
    web site or remove the ability of a consumer to purchase
    the children's product through the web site.
        (3) If an e-mail or shipping address was provided at
    the time a children's product, for which a recall or
    warning was subsequently issued, was purchased on the
    retailer's web site, the retailer must attempt to contact
    the purchaser at either address provided with the recall or
    warning information. The recall or warning information
    must include a description of the product, the reason for
    the recall or warning, and instructions on how to
    participate in the recall or warning. The information may
    include only the product recall information and may not
    include sales or marketing information on that product or
    any other product, excluding return and exchange policies.
    The retailer must comply with this paragraph (3) within 30
    days after receiving the notice of the recall or warning
    from a manufacturer, importer, wholesaler, or distributor.
        (4) Within 5 business days after receipt of the recall
    or warning by the person designated by the retailer from a
    manufacturer, importer, wholesaler, distributor, or from a
    federal agency in the case of an involuntary recall, the
    retailer must post in a prominent location in each retail
    store the recall or warning notice. This notice must remain
    posted for 120 days.
        (5) If the children's product for which a recall or
    warning was issued was sold on the retailer's web site, the
    retailer must within 5 business days post on the home page
    (or the first entry point) of its web site a link to recall
    or warning information that contains the specific recall
    notice or warning that was issued for the product in
    question. The recall or warning information must include a
    description of the product, the reason for the recall or
    warning, a picture of the product (if one was provided),
    and instructions on how to participate in the recall or
    warning. The information may include only the product
    recall information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies.
    (c) Within 5 business days after a recalled children's
product is placed on the Department of Public Health's
comprehensive list maintained under Section 15, a retailer who
is not a first seller must comply with subsection (b) of
Section 17, except that such a retailer has 5 business days to
comply with both subdivision (b)(1) and subdivision (b)(2) of
Section 17.
    (d) A manufacturer, importer, wholesaler, or distributor
who is also a retailer must comply with both subsection (a) and
subsection (b) of Section 17, except that a manufacturer,
importer, wholesaler, or distributor who is also a retailer
must, within 24 hours after issuing or receiving the recall or
warning, post on the home page (or the first entry point) of
its web site a link to recall or warning information that
contains the specific recall notice or warning that was issued
for the product in question.
 
    (430 ILCS 125/20)
    Sec. 20. Exception. The commercial dealer, manufacturer,
importer, distributor, wholesaler, or retailer user shall not
be found in violation of Section 15 noncompliant if the
specific recalled product sold was not included on the
Department of Public Health's list on the day before the sale.
(Source: P.A. 91-413, eff. 1-1-00.)
 
    (430 ILCS 125/25)
    Sec. 25. Penalty. Except as provided in Section 20, a A
commercial dealer, importer, distributor, wholesaler, or
retailer user who willfully and knowingly violates this Act by
failing to exercise reasonable care is subject to a civil
penalty in an amount not to exceed $500 for each day that the
violation continues Section 15 is guilty of a Class C
misdemeanor.
(Source: P.A. 91-413, eff. 1-1-00.)
 
    (430 ILCS 125/26 new)
    Sec. 26. Issuance of recalls by other entities prohibited.
Nothing in this Act shall be interpreted to allow a unit of
State or local government or any other entity within the State
to issue recalls.
 
    (430 ILCS 125/27 new)
    Sec. 27. Federal requirements. Nothing in this Act relieves
a commercial dealer, manufacturer, importer, distributor,
wholesaler, or retailer from compliance with stricter
requirements that may be imposed by an agency of the federal
government.
 
    (430 ILCS 125/30)
    Sec. 30. Enforcement.
    (a) The Attorney General, or a State's Attorney in the
county in which a violation of this Act occurred, may bring an
action in the name of the People of the State of Illinois to
enforce the provisions of this Act.
    (b) When (i) it appears to the Attorney General that a
commercial dealer, manufacturer, importer, distributor,
wholesaler, or retailer has engaged in or is engaging in any
practice declared to be in violation of this Act, or (ii) the
Attorney General receives a written complaint from a consumer
of the commission of a practice declared to be in violation of
this Act, or (iii) the Attorney General believes it to be in
the public interest that an investigation should be made to
ascertain whether a person in fact has engaged in or is
engaging in any practice declared to be in violation of this
Act, the Attorney General may:
        (1) Require that person to file, on terms that the
    Attorney General prescribes, a statement or report in
    writing under oath or otherwise, as to all information the
    Attorney General considers necessary.
        (2) Examine under oath any person in connection with
    the conduct of any trade or commerce.
        (3) Examine any merchandise or sample thereof, record,
    book, document, account, or paper the Attorney General
    considers necessary.
        (4) Pursuant to an order of the circuit court, impound
    any record, book, document, account, paper, or sample of
    merchandise that is produced in accordance with this Act,
    and retain it in the Attorney General's possession until
    the completion of all proceedings in connection with which
    it is produced.
    (c) In the administration of this Act, the Attorney General
may accept an assurance of voluntary compliance with respect to
any practice deemed to be a violation of this Act from any
commercial dealer, manufacturer, importer, distributor,
wholesaler, or retailer who has engaged in or is engaging in
that practice. Evidence of the violation of an assurance of
voluntary compliance shall be prima facie evidence of a
violation of this Act in any subsequent proceeding brought by
the Attorney General against the alleged violator with regard
to the specific violation or violations addressed in the
assurance of voluntary compliance.
    (d) Whenever the Attorney General or a State's Attorney has
reason to believe that any commercial dealer, manufacturer,
importer, distributor, wholesaler, or retailer has engaged in
or is engaging in any practice in violation of this Act and
that proceedings would be in the public interest, he or she may
bring an action in the name of the People of the State against
that commercial dealer, manufacturer, importer, distributor,
wholesaler, or retailer to restrain by preliminary or permanent
injunction the use of that practice.
    (e) Civil penalties paid under Section 25 shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund. Moneys in the Fund shall be
used, subject to appropriation, for the performance of any
function pertaining to the exercise of the duties of the
Attorney General, including, but not limited to, enforcement of
any law of this State and conducting public education programs.
Any moneys in the Fund that are required by the court or by an
agreement to be used for a particular purpose must be used for
that purpose, however.
(Source: P.A. 91-413, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that the amendatory changes to Sections 25
and 30 of the Children's Product Safety Act take effect January
1, 2006.