Full Text of SB2379 93rd General Assembly
SB2379 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2379
Introduced 2/3/2004, by Carol Ronen SYNOPSIS AS INTRODUCED: |
|
430 ILCS 125/10 |
|
430 ILCS 125/15 |
|
430 ILCS 125/17 new |
|
430 ILCS 125/25 |
|
430 ILCS 125/27 new |
|
430 ILCS 125/20 rep. |
|
|
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.
|
|
|
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2379 |
|
LRB093 17814 DRJ 43495 b |
|
| 1 |
| AN ACT concerning product safety.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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:
| 7 |
| (430 ILCS 125/10)
| 8 |
| Sec. 10. Definitions. In this Act:
| 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:
| 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
| 21 |
| (ii) the product is designed or intended to come into | 22 |
| contact with the
child while the product is used.
| 23 |
| Notwithstanding any other provision of this Section, a | 24 |
| product is not a
"children's product" for purposes of this Act | 25 |
| if:
| 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
| 31 |
| (II) it is a medication, drug, or food or is intended | 32 |
| to be ingested.
|
|
|
|
SB2379 |
- 2 - |
LRB093 17814 DRJ 43495 b |
|
| 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.
| 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.
| 12 |
| (d) "Infant" means any person less than 35 inches tall and
| 13 |
| less than 3 years of age.
| 14 |
| (e) "Crib" means a bed or containment designed to | 15 |
| accommodate
an infant.
| 16 |
| (f) "Full-size crib" means a full-size crib as defined in
| 17 |
| Section 1508.3 of Title 16 of the Code of Federal Regulations
| 18 |
| regarding the requirements for full-size cribs.
| 19 |
| (g) "Non-full-size crib" means a non-full-size crib as
| 20 |
| defined in Section 1509.2 of Title 16 of the Code of Federal
| 21 |
| Regulations regarding the requirements for non-full-size | 22 |
| cribs.
| 23 |
| (Source: P.A. 91-413, eff. 1-1-00.)
| 24 |
| (430 ILCS 125/15)
| 25 |
| Sec. 15. Unsafe children's products; prohibition.
| 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
| 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.
| 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:
| 34 |
| (1) It does not conform to all federal laws and | 35 |
| regulations
setting forth standards for the children's |
|
|
|
SB2379 |
- 3 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| product.
| 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.
| 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.
| 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
| 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.
| 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
| 35 |
| Regulations and ASTM International
the American Society for | 36 |
| Testing and Materials , as follows:
|
|
|
|
SB2379 |
- 4 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| (1) Part 1508 of Title 16 of
the Code of Federal | 2 |
| Regulations and any regulations adopted to amend or
| 3 |
| supplement the regulations.
| 4 |
| (2) Part 1509 of Title 16 of
the Code of Federal | 5 |
| Regulations and any regulations adopted to amend or
| 6 |
| supplement the regulations.
| 7 |
| (3) Part 1303 of Title 16 of the Code of Federal | 8 |
| Regulations and any
regulations adopted to amend or
| 9 |
| supplement the regulations.
| 10 |
| (4) The following standards and specifications of ASTM | 11 |
| International
the American Society for
Testing Materials | 12 |
| for corner posts of baby cribs and structural integrity of
| 13 |
| baby cribs:
| 14 |
| (A) ASTM F 966
966-90 (corner post standard).
| 15 |
| (B) ASTM F 1169
1169-88 (structural integrity of | 16 |
| full-size baby cribs).
| 17 |
| (C) ASTM F 1822
1822-97 (non-full-size cribs).
| 18 |
| (d) The Department of Public Health shall make the | 19 |
| requirements set forth in subsection (c) available to the | 20 |
| public.
Cribs that are unsafe shall
include, but not be limited | 21 |
| to, cribs that have any of the following dangerous
features or | 22 |
| characteristics:
| 23 |
| (1) Corner posts that extend more than one-sixteenth of | 24 |
| an
inch.
| 25 |
| (2) Spaces between side slats more than 2.375
inches.
| 26 |
| (3) Mattress support that can be easily dislodged from | 27 |
| any
point of the crib. A mattress segment can be easily | 28 |
| dislodged
if it cannot withstand at least a 25-pound upward | 29 |
| force from
underneath the crib.
| 30 |
| (4) Cutout designs on the end panels.
| 31 |
| (5) Rail height dimensions that do not conform to both | 32 |
| of the
following:
| 33 |
| (A) The height of the rail and end panel as | 34 |
| measured from the
top of the rail or panel in its | 35 |
| lowest position to the top of
the mattress support in | 36 |
| its highest position is at least 9 inches.
|
|
|
|
SB2379 |
- 5 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| (B) The height of the rail and end panel as | 2 |
| measured from the
top of the rail or panel in its | 3 |
| highest position to the top of
the mattress support in | 4 |
| its lowest position is at least 26 inches.
| 5 |
| (6) Any screws, bolts, or hardware that are loose and | 6 |
| not
secured.
| 7 |
| (7) Sharp edges, points, or rough surfaces, or any wood
| 8 |
| surfaces that are not smooth and free from splinters, | 9 |
| splits, or
cracks.
| 10 |
| (8) Tears in mesh or fabric sides in a non-full-size | 11 |
| crib.
| 12 |
| (9) A non-full-size crib that folds in a "V" shape | 13 |
| design does not have
top rails that automatically lock into | 14 |
| place when the crib is fully set up.
| 15 |
| (10) The mattress pad in a non-full-size mesh/fabric | 16 |
| crib exceeds one
inch.
| 17 |
| (e) An unsafe children's product, as determined pursuant to | 18 |
| subdivisions
(1), (2), and (3) of subsection (b) of this | 19 |
| Section 15, may be retrofitted if
the retrofit has been | 20 |
| approved by the agency of the federal government issuing
the | 21 |
| recall or warning or the agency responsible for approving the | 22 |
| retrofit is
different from the agency issuing the recall or | 23 |
| warning. A retrofitted
children's product may be sold if it is | 24 |
| accompanied at the time of sale by a
notice declaring that it | 25 |
| is safe to use for a child under age 12
6 years of age . The
| 26 |
| notice shall include: (1) a description of the original problem | 27 |
| which made the
recalled product unsafe; (2) a description of | 28 |
| the retrofit which explains how
the original problem was | 29 |
| eliminated and declaring that it is now safe to use
for a child | 30 |
| under age 12
6 years of age ; and (3) the name and address of the
| 31 |
| commercial dealer
user who accomplished the retrofit | 32 |
| certifying that the work was done
along with the name and model | 33 |
| number of the product retrofitted. The commercial
dealer
user | 34 |
| is responsible for ensuring that the notice is present with the
| 35 |
| retrofitted product at the time of sale. A retrofit is exempt | 36 |
| from this Act if:
|
|
|
|
SB2379 |
- 6 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| (i) the retrofit is for a children's product that | 2 |
| requires assembly by the
consumer, the approved retrofit is | 3 |
| provided with the product by the
commercial dealer
user , | 4 |
| and the retrofit is accompanied at the time of sale
by | 5 |
| instructions explaining how to apply the retrofit; or
| 6 |
| (ii) the seller of a previously unsold product | 7 |
| accomplishes the repair,
approved or recommended by an | 8 |
| agency of the federal government, prior to
sale.
| 9 |
| (Source: P.A. 91-413, eff. 1-1-00.)
| 10 |
| (430 ILCS 125/17 new) | 11 |
| Sec. 17. Product recalls. | 12 |
| (a) If a commercial dealer has sold to an Illinois resident | 13 |
| a children's product that is unsafe under Section 15, or if a | 14 |
| commercial dealer has manufactured a children's product that is | 15 |
| unsafe under Section 15, and if that commercial dealer also | 16 |
| maintains a web site, then the commercial dealer must include | 17 |
| the items described in paragraphs (1) through (3) of this | 18 |
| subsection on its web site. The commercial dealer must include | 19 |
| the items on the web site no later than the day on which a | 20 |
| recall press release is issued by a federal agency (including, | 21 |
| but not limited to, the Children's Products Safety Commission | 22 |
| or "CPSC") and must maintain the items on the web site for the | 23 |
| duration of the recall. | 24 |
| (1) The home page (or the first entry point to the | 25 |
| commercial dealer's web site) must include a separate | 26 |
| "button", "icon", or "scrolling message" entitled Recall | 27 |
| Safety Alert that links the home page to a separate recall | 28 |
| information page. The "button", "icon", or "scrolling | 29 |
| message" must be in a highly visible location on the home | 30 |
| page or first entry point to the commercial dealer's web | 31 |
| site. The home page design must allow a person visiting the | 32 |
| web site to view the Recall Safety Alert without scrolling | 33 |
| vertically or laterally on that page. | 34 |
| (2) The recall page may include only the product recall | 35 |
| information and may not include, link to, or otherwise be |
|
|
|
SB2379 |
- 7 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| combined with sales or marketing information on that | 2 |
| product or any other product. The recall information must | 3 |
| include all of the text (verbatim) in the federal agency | 4 |
| recall press release and a color photo of the recalled | 5 |
| product. | 6 |
| (3) The recall page must be interactive to allow | 7 |
| persons to participate in the recall through the commercial | 8 |
| dealer's web site. | 9 |
| (b) Within 30 days after a federal agency issues a recall | 10 |
| press release, a commercial dealer who has sold the recalled | 11 |
| product to an Illinois resident through the commercial dealer's | 12 |
| web site must give notice of the product recall to all Illinois | 13 |
| residents who purchased the recalled product. The notice must | 14 |
| include a description of the product defect and how to | 15 |
| participate in the recall. | 16 |
| (c) A commercial dealer who has any retail establishments | 17 |
| in Illinois must post current federal agency recall notices on | 18 |
| unsafe children's products (as defined in Section 15) that were | 19 |
| for sale at any time at each Illinois-based retail | 20 |
| establishment. The notices must be placed in prominent | 21 |
| locations in each store. The recall notices must be posted no | 22 |
| later than the day on which the federal agency issues the | 23 |
| recall press release and must remain posted for a minimum of 60 | 24 |
| days. The commercial dealer must keep a copy of the recall | 25 |
| notice concerning any children's product sold in an | 26 |
| Illinois-based retail establishment on file and must make the | 27 |
| copy available to the public upon request for the duration of | 28 |
| the recall. | 29 |
| (d) Within 5 days after a recalled children's product is | 30 |
| placed on the Department of Public Health's comprehensive list | 31 |
| maintained under Section 15, a commercial dealer who is not a | 32 |
| party to the issuance of the recall must post the recalled | 33 |
| children's product on the retail establishment's web site as | 34 |
| provided in subsection (a) or must post a notice of the | 35 |
| recalled product at each retail establishment in Illinois as | 36 |
| provided in subsection (c).
|
|
|
|
SB2379 |
- 8 - |
LRB093 17814 DRJ 43495 b |
|
| 1 |
| (430 ILCS 125/25)
| 2 |
| Sec. 25. Penalty. A commercial dealer
user who willfully | 3 |
| and knowingly violates
this Act is subject to a civil penalty | 4 |
| in an amount not to exceed $1,000 for each day that the | 5 |
| violation continues. The Department of Public Health may impose | 6 |
| a civil penalty under this Section following an administrative | 7 |
| hearing at which the commercial dealer has been afforded an | 8 |
| opportunity to present oral or written evidence, or both. The | 9 |
| Attorney General may bring an action in the circuit court to | 10 |
| enforce the collection of a civil penalty imposed under this | 11 |
| Section.
Section 15 is guilty of a Class C misdemeanor.
| 12 |
| (Source: P.A. 91-413, eff. 1-1-00.)
| 13 |
| (430 ILCS 125/27 new) | 14 |
| Sec. 27. Federal requirements. Nothing in this Act relieves | 15 |
| a commercial dealer from compliance with stricter requirements | 16 |
| that may be imposed by an agency of the federal government.
| 17 |
| (430 ILCS 125/20 rep.)
| 18 |
| Section 10. The Children's Product Safety Act is amended by | 19 |
| repealing Section 20.
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|