HB3363 EnrolledLRB103 24984 AMQ 51318 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 5.2 as follows:
 
6    (225 ILCS 10/5.2)
7    Sec. 5.2. Unsafe children's products.
8    (a) A child care facility may not use or have on the
9premises, on or after July 1, 2000, an unsafe children's
10product as described in Section 15 of the Children's Product
11Safety Act. This subsection (a) does not apply to an antique or
12collectible children's product if it is not used by, or
13accessible to, any child in the child care facility.
14    (b) The Department of Children and Family Services shall
15notify child care facilities, on an ongoing basis, including
16during the license application facility examination and during
17annual license monitoring visits, of the provisions of this
18Section and the Children's Product Safety Act and of the
19comprehensive list of unsafe children's products as provided
20and maintained by the Department of Public Health available on
21the Internet, as determined in accordance with that Act, in
22plain, non-technical language that will enable each child care
23facility to effectively inspect children's products and

 

 

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1identify unsafe children's products. Subject to availability
2of appropriations, the Department of Children and Family
3Services, in accordance with the requirements of this Section,
4shall establish and maintain a database on the safety of
5consumer products and other products or substances regulated
6by the Department that is: (i) publicly available; (ii)
7searchable; and (iii) accessible through the Internet website
8of the Department. The Department of Children and Family
9Services shall adopt rules to maintain data on child care
10facilities without Internet access and shall ensure the child
11care facilities without Internet access register for available
12mailing lists of pertinent recalls distributed in paper form.
13Child care facilities must maintain all written information
14provided pursuant to this subsection in a file accessible to
15both facility staff and parents of children attending the
16facility. Child care facilities must post in prominent
17locations regularly visited by parents written notification of
18the existence of the comprehensive list of unsafe children's
19products available on the Internet. The Department of Children
20and Family Services shall adopt rules to carry out this
21Section.
22(Source: P.A. 98-82, eff. 7-15-13.)
 
23    Section 10. The Children's Product Safety Act is amended
24by changing Section 10 as follows:
 

 

 

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1    (430 ILCS 125/10)
2    Sec. 10. Definitions. In this Act:
3    (a) "Children's product" means a product, including but
4not limited to a full-size crib, non-full-size crib, toddler
5bed, bed, car seat, chair, high chair, booster chair, hook-on
6chair, bath seat, gate or other enclosure for confining a
7child, play yard, stationary activity center, carrier,
8stroller, walker, swing, or toy or play equipment, that meets
9the following criteria:
10        (i) the product is designed or intended for the care
11    of, or use by, any child under age 12 9; and
12        (ii) the product is designed or intended to come into
13    contact with the child while the product is used.
14    Notwithstanding any other provision of this Section, a
15product is not a "children's product" for purposes of this Act
16if:
17        (I) it may be used by or for the care of a child under
18    age 9, but it is designed or intended for use by the
19    general population or segments of the general population
20    and not solely or primarily for use by or the care of a
21    child; or
22        (II) it is a medication, drug, or food or is intended
23    to be ingested.
24    (b) "Commercial dealer" means any person who deals in
25children's products or who otherwise by one's occupation holds
26oneself out as having knowledge or skill peculiar to

 

 

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1children's products, or any person who is in the business of
2remanufacturing, retrofitting, selling, leasing, subletting,
3or otherwise placing in the stream of commerce children's
4products.
5    (b-5) "Manufacturer" means any person who makes and places
6into the stream of commerce a children's product as defined by
7this Act.
8    (b-10) "Importer" means any person who brings into this
9country and places into the stream of commerce a children's
10product.
11    (b-15) "Distributor" and "wholesaler" means any person,
12other than a manufacturer or retailer, who sells or resells or
13otherwise places into the stream of commerce a children's
14product.
15    (b-20) "Retailer" means any person other than a
16manufacturer, distributor, or wholesaler who sells, leases, or
17sublets children's products.
18    (b-25) "First seller" means any retailer selling a
19children's product that has not been used or has not
20previously been owned. A first seller does not include an
21entity such as a second-hand or resale store.
22    (c) "Person" means a natural person, firm, corporation,
23limited liability company, or association, or an employee or
24agent of a natural person or an entity included in this
25definition.
26    (d) "Infant" means any person less than 35 inches tall and

 

 

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1less than 3 years of age.
2    (e) "Crib" means a bed or containment designed to
3accommodate an infant.
4    (f) "Full-size crib" means a full-size crib as defined in
5Section 1508.3 of Title 16 of the Code of Federal Regulations
6regarding the requirements for full-size cribs.
7    (g) "Non-full-size crib" means a non-full-size crib as
8defined in Section 1509.2 of Title 16 of the Code of Federal
9Regulations regarding the requirements for non-full-size
10cribs.
11    (h) "End consumer" means a person who purchases a
12children's product for any purpose other than resale.
13(Source: P.A. 94-11, eff. 6-8-05.)