Full Text of HB4875 93rd General Assembly
HB4875 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4875
Introduced 02/04/04, by David E. Miller, John A. Fritchey, Elizabeth Coulson, Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/5.2 |
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430 ILCS 125/10 |
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430 ILCS 125/15 |
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430 ILCS 125/17 new |
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430 ILCS 125/25 |
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430 ILCS 125/27 new |
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430 ILCS 125/20 rep. |
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Amends the Child Care Act of 1969. Provides that at least once each year, DCFS must provide to each child care facility a copy of the most recent comprehensive list of unsafe children's products maintained by the Department of Public Health under the Children's Product Safety Act; authorizes DCFS to provide a copy of the list as often as 4 times per year. Provides that every child care facility must maintain at its premises a file containing all bulletins or notices issued by the Department of Public Health concerning unsafe children's products and must make the file accessible to the facility's staff members and to parents of the children who attend the facility. Amends the Children's Product Safety Act. Provides that a "children's product" is one designed or intended for the care of or use by a child under age 12 (instead of under age 6). Replaces the definition of "commercial user" with a definition of "commercial dealer", which includes one who manufactures children's products. Imposes requirements on commercial dealers in children's products with respect to product recalls. Provides that a commercial dealer who violates the Act is subject to a civil penalty not to exceed $1,000 for each day the violation continues (instead of providing that a commercial user who willfully and knowingly violates the Act is guilty of a Class C misdemeanor). Provides that nothing in the Act relieves a commercial dealer from compliance with stricter requirements imposed by a federal agency. Makes other changes. Effective immediately.
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A BILL FOR
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HB4875 |
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LRB093 18583 DRJ 44305 b |
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| AN ACT concerning children.
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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 Child Care Act of 1969 is amended by | 5 |
| changing Section 5.2 as follows:
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| (225 ILCS 10/5.2)
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| Sec. 5.2. Unsafe children's products.
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| (a) A child care facility may not use or have on the | 9 |
| premises, on or after
July 1, 2000, an unsafe children's | 10 |
| product as described in Section 15 of the
Children's Product | 11 |
| Safety Act. This subsection (a) does not apply to an
antique or | 12 |
| collectible children's product if it is not used by, or | 13 |
| accessible
to, any child in the child care facility.
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| (b) The Department of Children and Family Services shall | 15 |
| notify child
care facilities, on an ongoing basis, of the | 16 |
| provisions of this Section and the
Children's Product Safety | 17 |
| Act and of unsafe children's products, as determined
in | 18 |
| accordance with that Act, in plain, non-technical language that | 19 |
| will enable
each child care facility to effectively inspect | 20 |
| children's products and
identify unsafe children's products. | 21 |
| At least once each year, the Department of Children and Family | 22 |
| Services must provide to each child care facility a copy of the | 23 |
| most recent comprehensive list of unsafe children's products | 24 |
| maintained by the Department of Public Health under the | 25 |
| Children's Product Safety Act. The Department of Children and | 26 |
| Family Services may provide a copy of the list as often as 4 | 27 |
| times per year. The Department of Children and Family
Services | 28 |
| shall adopt rules to carry out this Section. | 29 |
| (c) Every child care facility must maintain at its premises | 30 |
| a file containing all bulletins or notices issued by the | 31 |
| Department of Public Health concerning unsafe children's | 32 |
| products. The child care facility must make the file accessible |
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| to the facility's staff members and to parents of the children | 2 |
| who attend the facility.
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| (Source: P.A. 91-413, eff. 1-1-00.)
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| Section 10. 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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| (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 | 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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| (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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| (ii) the product is designed or intended to come into | 22 |
| contact with the
child while the product is used.
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| 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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| (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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| (II) it is a medication, drug, or food or is intended | 32 |
| to be ingested.
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| (b) "Commercial dealer
user " means any person who deals in | 34 |
| children's products or
who otherwise by one's occupation holds |
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| oneself out as having
knowledge or skill peculiar to children's | 2 |
| products, or any person who is in the
business of | 3 |
| manufacturing, remanufacturing, retrofitting, selling, | 4 |
| leasing,
subletting, or otherwise placing in the stream of | 5 |
| commerce
children's products.
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| (c) "Person" means a natural person, firm, corporation, | 7 |
| limited liability
company, or association, or an employee or | 8 |
| agent of a natural person or an
entity included in this | 9 |
| 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 | 13 |
| 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 | 20 |
| cribs.
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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 or after the effective date of this amendatory Act | 25 |
| of the 93rd General Assembly, no commercial dealer
user may | 26 |
| manufacture, remanufacture, retrofit, sell, contract to sell
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| or resell, lease, sublet, or otherwise place in the stream of | 28 |
| commerce, on or
after January 1, 2000, a children's product | 29 |
| that is unsafe.
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| (b) A children's product is deemed to be unsafe for | 31 |
| purposes of this Act
if it meets any of the following criteria:
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| (1) It does not conform to all federal laws and | 33 |
| regulations
setting forth standards for the children's | 34 |
| product.
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| (2) It has been recalled for any reason by an agency of |
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| the federal
government or the product's manufacturer, | 2 |
| distributor, or importer and the
recall has not been | 3 |
| rescinded.
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| (3) An agency of the federal government has issued a | 5 |
| warning that a
specific
product's intended use constitutes | 6 |
| a safety hazard and the warning has not been
rescinded.
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| (b-5) The Department of Public Health shall do the | 8 |
| following: | 9 |
| (1)
create, Maintain , and update a
comprehensive list | 10 |
| of children's products that have been identified as meeting
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| any of the
criteria set forth in subdivisions (1) through | 12 |
| (3) of this subsection (b). | 13 |
| (2) Update the comprehensive list within 24 hours after | 14 |
| the occurrence of any of the criteria set forth in | 15 |
| subsection (b). | 16 |
| (3)
The
Department of Public Health shall Make the | 17 |
| comprehensive list available to the
public at no cost and | 18 |
| shall post it on the Internet , and encourage links . The | 19 |
| Internet posting must include links to federal agency web | 20 |
| sites that describe children's product standards or | 21 |
| provide information on children's safety or children's | 22 |
| products. | 23 |
| (4) Include information regarding the comprehensive | 24 |
| list of unsafe children's products maintained under this | 25 |
| Section in regular publications or mailings sent to | 26 |
| pediatricians, Special Supplemental Nutrition Program for | 27 |
| Women, Infants and Children (WIC) clinics, and local health | 28 |
| departments.
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| (c) A crib is presumed to be unsafe for purposes of this | 30 |
| Act if it does not
conform to the standards endorsed or | 31 |
| established by the Consumer Product Safety
Commission, | 32 |
| including but not limited to Title 16 of the Code of Federal
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| Regulations and ASTM International
the American Society for | 34 |
| Testing and Materials , as follows:
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| (1) Part 1508 of Title 16 of
the Code of Federal | 36 |
| 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 | 3 |
| 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 | 6 |
| 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 | 9 |
| International
the American Society for
Testing Materials | 10 |
| 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 | 14 |
| full-size baby cribs).
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| (C) ASTM F 1822
1822-97 (non-full-size cribs).
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| (d) The Department of Public Health shall make the | 17 |
| requirements set forth in subsection (c) available to the | 18 |
| public.
Cribs that are unsafe shall
include, but not be limited | 19 |
| to, cribs that have any of the following dangerous
features or | 20 |
| characteristics:
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| (1) Corner posts that extend more than one-sixteenth of | 22 |
| 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 | 25 |
| any
point of the crib. A mattress segment can be easily | 26 |
| dislodged
if it cannot withstand at least a 25-pound upward | 27 |
| 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 | 30 |
| of the
following:
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| (A) The height of the rail and end panel as | 32 |
| measured from the
top of the rail or panel in its | 33 |
| lowest position to the top of
the mattress support in | 34 |
| its highest position is at least 9 inches.
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| (B) The height of the rail and end panel as | 36 |
| measured from the
top of the rail or panel in its |
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| highest position to the top of
the mattress support in | 2 |
| its lowest position is at least 26 inches.
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| (6) Any screws, bolts, or hardware that are loose and | 4 |
| 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, | 7 |
| splits, or
cracks.
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| (8) Tears in mesh or fabric sides in a non-full-size | 9 |
| crib.
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| (9) A non-full-size crib that folds in a "V" shape | 11 |
| design does not have
top rails that automatically lock into | 12 |
| place when the crib is fully set up.
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| (10) The mattress pad in a non-full-size mesh/fabric | 14 |
| crib exceeds one
inch.
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| (e) An unsafe children's product, as determined pursuant to | 16 |
| subdivisions
(1), (2), and (3) of subsection (b) of this | 17 |
| Section 15, may be retrofitted if
the retrofit has been | 18 |
| approved by the agency of the federal government issuing
the | 19 |
| recall or warning or the agency responsible for approving the | 20 |
| retrofit is
different from the agency issuing the recall or | 21 |
| warning. A retrofitted
children's product may be sold if it is | 22 |
| accompanied at the time of sale by a
notice declaring that it | 23 |
| is safe to use for a child under age 12
6 years of age . The
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| notice shall include: (1) a description of the original problem | 25 |
| which made the
recalled product unsafe; (2) a description of | 26 |
| the retrofit which explains how
the original problem was | 27 |
| eliminated and declaring that it is now safe to use
for a child | 28 |
| under age 12
6 years of age ; and (3) the name and address of the
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| commercial dealer
user who accomplished the retrofit | 30 |
| certifying that the work was done
along with the name and model | 31 |
| number of the product retrofitted. The commercial
dealer
user | 32 |
| is responsible for ensuring that the notice is present with the
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| retrofitted product at the time of sale. A retrofit is exempt | 34 |
| from this Act if:
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| (i) the retrofit is for a children's product that | 36 |
| requires assembly by the
consumer, the approved retrofit is |
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| provided with the product by the
commercial dealer
user , | 2 |
| and the retrofit is accompanied at the time of sale
by | 3 |
| instructions explaining how to apply the retrofit; or
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| (ii) the seller of a previously unsold product | 5 |
| accomplishes the repair,
approved or recommended by an | 6 |
| 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) | 9 |
| Sec. 17. Product recalls. | 10 |
| (a) If a commercial dealer has sold to an Illinois resident | 11 |
| a children's product that is unsafe under Section 15, or if a | 12 |
| commercial dealer has manufactured a children's product that is | 13 |
| unsafe under Section 15, and if that commercial dealer also | 14 |
| maintains a web site, then the commercial dealer must include | 15 |
| the items described in paragraphs (1) through (3) of this | 16 |
| subsection on its web site. The commercial dealer must include | 17 |
| the items on the web site no later than the day on which a | 18 |
| recall press release is issued by a federal agency (including, | 19 |
| but not limited to, the Children's Products Safety Commission | 20 |
| or "CPSC") and must maintain the items on the web site for the | 21 |
| duration of the recall. | 22 |
| (1) The home page (or the first entry point to the | 23 |
| commercial dealer's web site) must include a separate | 24 |
| "button", "icon", or "scrolling message" entitled Recall | 25 |
| Safety Alert that links the home page to a separate recall | 26 |
| information page. The "button", "icon", or "scrolling | 27 |
| message" must be in a highly visible location on the home | 28 |
| page or first entry point to the commercial dealer's web | 29 |
| site. The home page design must allow a person visiting the | 30 |
| web site to view the Recall Safety Alert without scrolling | 31 |
| vertically or laterally on that page. | 32 |
| (2) The recall page may include only the product recall | 33 |
| information and may not include, link to, or otherwise be | 34 |
| combined with sales or marketing information on that | 35 |
| product or any other product. The recall information must |
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| include all of the text (verbatim) in the federal agency | 2 |
| recall press release and a color photo of the recalled | 3 |
| product. | 4 |
| (3) The recall page must be interactive to allow | 5 |
| persons to participate in the recall through the commercial | 6 |
| dealer's web site. | 7 |
| (b) Within 30 days after a federal agency issues a recall | 8 |
| press release, a commercial dealer who has sold the recalled | 9 |
| product to an Illinois resident through the commercial dealer's | 10 |
| web site must give notice of the product recall to all Illinois | 11 |
| residents who purchased the recalled product. The notice must | 12 |
| include a description of the product defect and how to | 13 |
| participate in the recall. | 14 |
| (c) A commercial dealer who has any retail establishments | 15 |
| in Illinois must post current federal agency recall notices on | 16 |
| unsafe children's products (as defined in Section 15) that were | 17 |
| for sale at any time at each Illinois-based retail | 18 |
| establishment. The notices must be placed in prominent | 19 |
| locations in each store. The recall notices must be posted no | 20 |
| later than the day on which the federal agency issues the | 21 |
| recall press release and must remain posted for a minimum of 60 | 22 |
| days. The commercial dealer must keep a copy of the recall | 23 |
| notice concerning any children's product sold in an | 24 |
| Illinois-based retail establishment on file and must make the | 25 |
| copy available to the public upon request for the duration of | 26 |
| the recall. | 27 |
| (d) Within 5 days after a recalled children's product is | 28 |
| placed on the Department of Public Health's comprehensive list | 29 |
| maintained under Section 15, a commercial dealer who is not a | 30 |
| party to the issuance of the recall must post the recalled | 31 |
| children's product on the retail establishment's web site as | 32 |
| provided in subsection (a) or must post a notice of the | 33 |
| recalled product at each retail establishment in Illinois as | 34 |
| provided in subsection (c).
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| (430 ILCS 125/25)
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| Sec. 25. Penalty. A commercial dealer
user who willfully | 2 |
| and knowingly violates
this Act is subject to a civil penalty | 3 |
| in an amount not to exceed $1,000 for each day that the | 4 |
| violation continues. The Department of Public Health may impose | 5 |
| a civil penalty under this Section following an administrative | 6 |
| hearing at which the commercial dealer has been afforded an | 7 |
| opportunity to present oral or written evidence, or both. The | 8 |
| Attorney General may bring an action in the circuit court to | 9 |
| enforce the collection of a civil penalty imposed under this | 10 |
| Section.
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 125/27 new) | 13 |
| Sec. 27. Federal requirements. Nothing in this Act relieves | 14 |
| a commercial dealer from compliance with stricter requirements | 15 |
| that may be imposed by an agency of the federal government.
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| (430 ILCS 125/20 rep.)
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| Section 11. The Children's Product Safety Act is amended by | 18 |
| repealing Section 20.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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