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Public Act 094-0011
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| SB0526 Enrolled |
LRB094 08995 DRJ 39216 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(430 ILCS 125/10)
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Sec. 10. Definitions. In this Act:
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(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:
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(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
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(ii) the product is designed or intended to come into |
contact with the
child while the product is used.
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Notwithstanding any other provision of this Section, a |
product is not a
"children's product" for purposes of this Act |
if:
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(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
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(II) it is a medication, drug, or food or is intended |
to be ingested.
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(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.
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(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.
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(d) "Infant" means any person less than 35 inches tall and
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less than 3 years of age.
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(e) "Crib" means a bed or containment designed to |
accommodate
an infant.
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(f) "Full-size crib" means a full-size crib as defined in
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Section 1508.3 of Title 16 of the Code of Federal Regulations
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regarding the requirements for full-size cribs.
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(g) "Non-full-size crib" means a non-full-size crib as
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defined in Section 1509.2 of Title 16 of the Code of Federal
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Regulations regarding the requirements for non-full-size |
cribs.
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(h) "End consumer" means a person who purchases a |
children's product for any purpose other than resale.
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(Source: P.A. 91-413, eff. 1-1-00.)
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(430 ILCS 125/15)
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Sec. 15. Unsafe children's products; prohibition.
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(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
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user may manufacture, remanufacture, retrofit, distribute,
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sell at wholesale or retail, contract to sell
or resell, lease, |
or sublet, or otherwise place in the stream of commerce, on or
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after January 1, 2000, a children's product that is unsafe.
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(b) A children's product is deemed to be unsafe for |
purposes of this Act
only if it meets any of the following |
criteria:
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(1) It does not conform to all applicable federal laws |
and regulations
setting forth standards for the children's |
product.
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(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.
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(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.
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(b-5) The Department of Public Health shall do the |
following:
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(1) Maintain
create, maintain, and update a
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comprehensive list of children's products that have been |
identified as meeting
any of the
criteria set forth in |
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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.
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(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
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Regulations and the standards endorsed or established by ASTM |
International
American Society for Testing and Materials, as |
follows:
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(1) Part 1508 of Title 16 of
the Code of Federal |
Regulations and any regulations adopted to amend or
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supplement the regulations.
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(2) Part 1509 of Title 16 of
the Code of Federal |
Regulations and any regulations adopted to amend or
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supplement the regulations.
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(3) Part 1303 of Title 16 of the Code of Federal |
Regulations and any
regulations adopted to amend or
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supplement the regulations.
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(4) The following standards and specifications of ASTM |
International
the American Society for
Testing Materials
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for corner posts of baby cribs and structural integrity of
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baby cribs:
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(A) ASTM F 966
966-90 (corner post standard).
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(B) ASTM F 1169
1169-88 (structural integrity of |
full-size baby cribs).
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(C) ASTM F 406
1822-97 (non-full-size cribs).
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The Department of Public Health shall make the requirements |
set forth in this subsection (c) available to the public.
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(d) (Blank.)
Cribs that are unsafe shall
include, but not |
be limited to, cribs that have any of the following dangerous
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features or characteristics:
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(1) Corner posts that extend more than one-sixteenth of |
an
inch.
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(2) Spaces between side slats more than 2.375
inches.
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(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.
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(4) Cutout designs on the end panels.
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(5) Rail height dimensions that do not conform to both |
of the
following:
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(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.
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(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.
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(6) Any screws, bolts, or hardware that are loose and |
not
secured.
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(7) Sharp edges, points, or rough surfaces, or any wood
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surfaces that are not smooth and free from splinters, |
splits, or
cracks.
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(8) Tears in mesh or fabric sides in a non-full-size |
crib.
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(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.
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(10) The mattress pad in a non-full-size mesh/fabric |
crib exceeds one
inch.
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(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
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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
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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:
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(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
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(ii) the seller of a previously unsold product |
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accomplishes the repair,
approved or recommended by an |
agency of the federal government, prior to
sale.
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(Source: P.A. 91-413, eff. 1-1-00.)
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(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. |
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(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 |
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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 |
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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.
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(430 ILCS 125/20)
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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.
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(Source: P.A. 91-413, eff. 1-1-00.)
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(430 ILCS 125/25)
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Sec. 25. Penalty. Except as provided in Section 20, a
A
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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.
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(Source: P.A. 91-413, eff. 1-1-00.)
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(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.
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(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.
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(430 ILCS 125/30)
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Sec. 30. Enforcement. |
(a) The Attorney General, or a State's Attorney in the
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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, |
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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.
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(Source: P.A. 91-413, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon |