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1 | AN ACT concerning product safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children's Product Safety Act is amended by | ||||||
5 | changing Sections 10, 15, and 25 and by adding Sections 17 and | ||||||
6 | 27 as follows:
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7 | (430 ILCS 125/10)
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8 | Sec. 10. Definitions. In this Act:
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9 | (a) "Children's product" means a product, including but not | ||||||
10 | limited to a
full-size crib, non-full-size crib, toddler bed, | ||||||
11 | bed, car seat, chair, high
chair, booster chair, hook-on chair, | ||||||
12 | bath seat, gate or
other enclosure for confining a child, play | ||||||
13 | yard, stationary activity center,
carrier, stroller, walker, | ||||||
14 | swing, or toy or play equipment,
that meets the following | ||||||
15 | criteria:
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16 | (i) the product is designed or intended for the care | ||||||
17 | of, or use by,
any child under age 12
children under 6 | ||||||
18 | years of age or is designed or intended for the care
of, or | ||||||
19 | use by,
both children under 6 years of age and children 6 | ||||||
20 | years of age or older ; and
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21 | (ii) the product is designed or intended to come into | ||||||
22 | contact with the
child while the product is used.
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23 | Notwithstanding any other provision of this Section, a | ||||||
24 | product is not a
"children's product" for purposes of this Act | ||||||
25 | if:
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26 | (I) it may be used by or for the care of a child under | ||||||
27 | age 12
6 years of age ,
but it is designed or intended for | ||||||
28 | use by the general population or segments of
the general | ||||||
29 | population and not solely or primarily for use by or the | ||||||
30 | care of a
child; or
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31 | (II) it is a medication, drug, or food or is intended | ||||||
32 | to be ingested.
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1 | (b) "Commercial dealer
user " means any person who deals in | ||||||
2 | children's products or
who otherwise by one's occupation holds | ||||||
3 | oneself out as having
knowledge or skill peculiar to children's | ||||||
4 | products, or any person who is in the
business of | ||||||
5 | manufacturing, remanufacturing, retrofitting, selling, | ||||||
6 | leasing,
subletting, or otherwise placing in the stream of | ||||||
7 | commerce
children's products.
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8 | (c) "Person" means a natural person, firm, corporation, | ||||||
9 | limited liability
company, or association, or an employee or | ||||||
10 | agent of a natural person or an
entity included in this | ||||||
11 | definition.
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12 | (d) "Infant" means any person less than 35 inches tall and
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13 | less than 3 years of age.
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14 | (e) "Crib" means a bed or containment designed to | ||||||
15 | accommodate
an infant.
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16 | (f) "Full-size crib" means a full-size crib as defined in
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17 | Section 1508.3 of Title 16 of the Code of Federal Regulations
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18 | regarding the requirements for full-size cribs.
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19 | (g) "Non-full-size crib" means a non-full-size crib as
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20 | defined in Section 1509.2 of Title 16 of the Code of Federal
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21 | Regulations regarding the requirements for non-full-size | ||||||
22 | cribs.
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23 | (Source: P.A. 91-413, eff. 1-1-00.)
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24 | (430 ILCS 125/15)
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25 | Sec. 15. Unsafe children's products; prohibition.
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26 | (a) On or after the effective date of this amendatory Act | ||||||
27 | of the 93rd General Assembly, no commercial dealer
user may | ||||||
28 | manufacture, remanufacture, retrofit, sell, contract to sell
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29 | or resell, lease, sublet, or otherwise place in the stream of | ||||||
30 | commerce, on or
after January 1, 2000, a children's product | ||||||
31 | that is unsafe.
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32 | (b) A children's product is deemed to be unsafe for | ||||||
33 | purposes of this Act
if it meets any of the following criteria:
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34 | (1) It does not conform to all federal laws and | ||||||
35 | regulations
setting forth standards for the children's |
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1 | product.
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2 | (2) It has been recalled for any reason by an agency of | ||||||
3 | the federal
government or the product's manufacturer, | ||||||
4 | distributor, or importer and the
recall has not been | ||||||
5 | rescinded.
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6 | (3) An agency of the federal government has issued a | ||||||
7 | warning that a
specific
product's intended use constitutes | ||||||
8 | a safety hazard and the warning has not been
rescinded.
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9 | (b-5) The Department of Public Health shall do the | ||||||
10 | following: | ||||||
11 | (1)
create, Maintain , and update a
comprehensive list | ||||||
12 | of children's products that have been identified as meeting
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13 | any of the
criteria set forth in subdivisions (1) through | ||||||
14 | (3) of this subsection (b). | ||||||
15 | (2) Update the comprehensive list within 24 hours after | ||||||
16 | the occurrence of any of the criteria set forth in | ||||||
17 | subsection (b). | ||||||
18 | (3)
The
Department of Public Health shall Make the | ||||||
19 | comprehensive list available to the
public at no cost and | ||||||
20 | shall post it on the Internet , and encourage links . The | ||||||
21 | Internet posting must include links to federal agency web | ||||||
22 | sites that describe children's product standards or | ||||||
23 | provide information on children's safety or children's | ||||||
24 | products. | ||||||
25 | (4) Include information regarding the comprehensive | ||||||
26 | list of unsafe children's products maintained under this | ||||||
27 | Section in regular publications or mailings sent to | ||||||
28 | pediatricians, Special Supplemental Nutrition Program for | ||||||
29 | Women, Infants and Children (WIC) clinics, and local health | ||||||
30 | departments.
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31 | (c) A crib is presumed to be unsafe for purposes of this | ||||||
32 | Act if it does not
conform to the standards endorsed or | ||||||
33 | established by the Consumer Product Safety
Commission, | ||||||
34 | including but not limited to Title 16 of the Code of Federal
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35 | Regulations , and the standards endorsed or established by ASTM | ||||||
36 | International
the American Society for Testing and Materials , |
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1 | as follows:
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2 | (1) Part 1508 of Title 16 of
the Code of Federal | ||||||
3 | Regulations and any regulations adopted to amend or
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4 | supplement the regulations.
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5 | (2) Part 1509 of Title 16 of
the Code of Federal | ||||||
6 | Regulations and any regulations adopted to amend or
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7 | supplement the regulations.
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8 | (3) Part 1303 of Title 16 of the Code of Federal | ||||||
9 | Regulations and any
regulations adopted to amend or
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10 | supplement the regulations.
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11 | (4) The following standards and specifications of ASTM | ||||||
12 | International
the American Society for
Testing Materials | ||||||
13 | for corner posts of baby cribs and structural integrity of
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14 | baby cribs:
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15 | (A) ASTM F 966
966-90 (corner post standard).
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16 | (B) ASTM F 1169
1169-88 (structural integrity of | ||||||
17 | full-size baby cribs).
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18 | (C) ASTM F 1822
1822-97 (non-full-size cribs).
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19 | (d) The Department of Public Health shall make the | ||||||
20 | requirements set forth in subsection (c) available to the | ||||||
21 | public.
Cribs that are unsafe shall
include, but not be limited | ||||||
22 | to, cribs that have any of the following dangerous
features or | ||||||
23 | characteristics:
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24 | (1) Corner posts that extend more than one-sixteenth of | ||||||
25 | an
inch.
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26 | (2) Spaces between side slats more than 2.375
inches.
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27 | (3) Mattress support that can be easily dislodged from | ||||||
28 | any
point of the crib. A mattress segment can be easily | ||||||
29 | dislodged
if it cannot withstand at least a 25-pound upward | ||||||
30 | force from
underneath the crib.
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31 | (4) Cutout designs on the end panels.
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32 | (5) Rail height dimensions that do not conform to both | ||||||
33 | of the
following:
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34 | (A) The height of the rail and end panel as | ||||||
35 | measured from the
top of the rail or panel in its | ||||||
36 | lowest position to the top of
the mattress support in |
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1 | its highest position is at least 9 inches.
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2 | (B) The height of the rail and end panel as | ||||||
3 | measured from the
top of the rail or panel in its | ||||||
4 | highest position to the top of
the mattress support in | ||||||
5 | its lowest position is at least 26 inches.
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6 | (6) Any screws, bolts, or hardware that are loose and | ||||||
7 | not
secured.
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8 | (7) Sharp edges, points, or rough surfaces, or any wood
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9 | surfaces that are not smooth and free from splinters, | ||||||
10 | splits, or
cracks.
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11 | (8) Tears in mesh or fabric sides in a non-full-size | ||||||
12 | crib.
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13 | (9) A non-full-size crib that folds in a "V" shape | ||||||
14 | design does not have
top rails that automatically lock into | ||||||
15 | place when the crib is fully set up.
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16 | (10) The mattress pad in a non-full-size mesh/fabric | ||||||
17 | crib exceeds one
inch.
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18 | (e) An unsafe children's product, as determined pursuant to | ||||||
19 | subdivisions
(1), (2), and (3) of subsection (b) of this | ||||||
20 | Section 15, may be retrofitted if
the retrofit has been | ||||||
21 | approved by the agency of the federal government issuing
the | ||||||
22 | recall or warning or the agency responsible for approving the | ||||||
23 | retrofit is
different from the agency issuing the recall or | ||||||
24 | warning. A retrofitted
children's product may be sold if it is | ||||||
25 | accompanied at the time of sale by a
notice declaring that it | ||||||
26 | is safe to use for a child under age 12
6 years of age . The
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27 | notice shall include: (1) a description of the original problem | ||||||
28 | which made the
recalled product unsafe; (2) a description of | ||||||
29 | the retrofit which explains how
the original problem was | ||||||
30 | eliminated and declaring that it is now safe to use
for a child | ||||||
31 | under age 12
6 years of age ; and (3) the name and address of the
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32 | commercial dealer
user who accomplished the retrofit | ||||||
33 | certifying that the work was done
along with the name and model | ||||||
34 | number of the product retrofitted. The commercial
dealer
user | ||||||
35 | is responsible for ensuring that the notice is present with the
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36 | retrofitted product at the time of sale. A retrofit is exempt |
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1 | from this Act if:
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2 | (i) the retrofit is for a children's product that | ||||||
3 | requires assembly by the
consumer, the approved retrofit is | ||||||
4 | provided with the product by the
commercial dealer
user , | ||||||
5 | and the retrofit is accompanied at the time of sale
by | ||||||
6 | instructions explaining how to apply the retrofit; or
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7 | (ii) the seller of a previously unsold product | ||||||
8 | accomplishes the repair,
approved or recommended by an | ||||||
9 | agency of the federal government, prior to
sale.
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10 | (Source: P.A. 91-413, eff. 1-1-00.)
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11 | (430 ILCS 125/17 new) | ||||||
12 | Sec. 17. Product recalls. | ||||||
13 | (a) If a commercial dealer has sold or leased to an | ||||||
14 | Illinois resident a children's product that is unsafe under | ||||||
15 | Section 15, or if a commercial dealer has manufactured a | ||||||
16 | children's product that is unsafe under Section 15, and if that | ||||||
17 | commercial dealer also maintains a web site, then the | ||||||
18 | commercial dealer must include the items described in | ||||||
19 | paragraphs (1) through (3) of this subsection on its web site. | ||||||
20 | The commercial dealer must include the items on the web site no | ||||||
21 | later than the day on which a recall press release is issued by | ||||||
22 | a federal agency (including, but not limited to, the Children's | ||||||
23 | Products Safety Commission or "CPSC") and must maintain the | ||||||
24 | items on the web site for the duration of the recall. | ||||||
25 | (1) The home page (or the first entry point to the | ||||||
26 | commercial dealer's web site) must include a separate | ||||||
27 | "button", "icon", or "scrolling message" entitled Recall | ||||||
28 | Safety Alert that links the home page to a separate recall | ||||||
29 | information page. The "button", "icon", or "scrolling | ||||||
30 | message" must be in a highly visible location on the home | ||||||
31 | page or first entry point to the commercial dealer's web | ||||||
32 | site. The home page design must allow a person visiting the | ||||||
33 | web site to view the Recall Safety Alert without scrolling | ||||||
34 | vertically or laterally on that page. | ||||||
35 | (2) The recall page may include only the product recall |
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1 | information and may not include, link to, or otherwise be | ||||||
2 | combined with sales or marketing information on that | ||||||
3 | product or any other product. The recall information must | ||||||
4 | include all of the text (verbatim) in the federal agency | ||||||
5 | recall press release and a color photo of the recalled | ||||||
6 | product. | ||||||
7 | (3) The recall page must be interactive to allow | ||||||
8 | persons to participate in the recall through the commercial | ||||||
9 | dealer's web site or by linking to the manufacturer's | ||||||
10 | recall page. | ||||||
11 | (b) Within 30 days after a federal agency issues a recall | ||||||
12 | press release, a commercial dealer who has sold the recalled | ||||||
13 | product to an Illinois resident through the commercial dealer's | ||||||
14 | web site must give notice of the product recall to all Illinois | ||||||
15 | residents who purchased the recalled product. The notice must | ||||||
16 | include a description of the product defect and how to | ||||||
17 | participate in the recall. | ||||||
18 | (c) A commercial dealer who has any retail establishments | ||||||
19 | in Illinois must post current federal agency recall notices on | ||||||
20 | unsafe children's products (as defined in Section 15) that were | ||||||
21 | for sale at any time at each Illinois-based retail | ||||||
22 | establishment. The notices must be placed in prominent | ||||||
23 | locations in each store. The recall notices must be posted no | ||||||
24 | later than the day on which the federal agency issues the | ||||||
25 | recall press release and must remain posted for a minimum of 60 | ||||||
26 | days. The commercial dealer must keep a copy of the recall | ||||||
27 | notice concerning any children's product sold in an | ||||||
28 | Illinois-based retail establishment on file and must make the | ||||||
29 | copy available to the public upon request for the duration of | ||||||
30 | the recall. | ||||||
31 | (d) Within 5 days after a recalled children's product is | ||||||
32 | placed on the Department of Public Health's comprehensive list | ||||||
33 | maintained under Section 15, a commercial dealer who is not a | ||||||
34 | party to the issuance of the recall must post the recalled | ||||||
35 | children's product on the retail establishment's web site as | ||||||
36 | provided in subsection (a) or must post a notice of the |
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1 | recalled product at each retail establishment in Illinois as | ||||||
2 | provided in subsection (c).
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3 | (430 ILCS 125/25)
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4 | Sec. 25. Penalty. A commercial dealer
user who willfully | ||||||
5 | and knowingly violates
this Act is subject to a civil penalty | ||||||
6 | in an amount not to exceed $1,000 for each day that the | ||||||
7 | violation continues. The Department of Public Health may impose | ||||||
8 | a civil penalty under this Section following an administrative | ||||||
9 | hearing at which the commercial dealer has been afforded an | ||||||
10 | opportunity to present oral or written evidence, or both. The | ||||||
11 | Attorney General may bring an action in the circuit court to | ||||||
12 | enforce the collection of a civil penalty imposed under this | ||||||
13 | Section.
Section 15 is guilty of a Class C misdemeanor.
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14 | (Source: P.A. 91-413, eff. 1-1-00.)
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15 | (430 ILCS 125/27 new) | ||||||
16 | Sec. 27. Federal requirements. Nothing in this Act relieves | ||||||
17 | a commercial dealer from compliance with stricter requirements | ||||||
18 | that may be imposed by an agency of the federal government.
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19 | (430 ILCS 125/20 rep.)
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20 | Section 10. The Children's Product Safety Act is amended by | ||||||
21 | repealing Section 20.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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