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91_HB4298
LRB9109583WHcs
1 AN ACT in relation to consumer product safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Consumer Product Safety Act.
6 Section 5. Definitions. In this Act:
7 "Consumer product" means any tangible personal property,
8 new or used, of a kind that is commonly used for personal,
9 family, or household purposes; however, "consumer product"
10 does not include a children's product to which the Children's
11 Product Safety Act applies.
12 "Commerce" means trade, traffic, or transportation of
13 consumer products either within this State or between places
14 outside and inside this State.
15 "Commercial user" means any person who regularly
16 distributes consumer products. "Commercial user" includes,
17 but is not limited to, thrift stores, hotels and motels (and
18 similar transient lodging facilities), and child care
19 facilities.
20 "Distribute" means to sell, offer for sale, give away,
21 offer to give away, or allow to be used.
22 "Person" means a natural person, firm, corporation,
23 limited liability company, association, or other entity, or
24 an employee or agent of any such entity.
25 Section 10. List of unsafe consumer products. The
26 Department of Public Health shall create, maintain, and
27 update a list of consumer products, which list shall be
28 available to the public at no cost, that meet either of the
29 following criteria:
30 (1) The consumer product fails to conform to a
-2- LRB9109583WHcs
1 safety requirement enforced by the United States Consumer
2 Product Safety Commission or by the State of Illinois.
3 (2) A manufacturer, importer, distributor, private
4 labeler, or retailer has recalled the consumer product
5 for safety reasons.
6 Section 15. Prohibited act. No commercial user may
7 distribute in commerce a consumer product that is on the list
8 of products described in Section 10.
9 Section 20. Enforcement.
10 (a) A commercial user who knowingly violates Section 15
11 is guilty of a Class C misdemeanor.
12 (b) A commercial user who violates Section 15 is subject
13 to an injunction action brought by the State.
14 (c) Any person may maintain an action against any
15 commercial user who violates Section 15 to enjoin the
16 distribution in commerce of an unsafe consumer product. Any
17 person who prevails in such an action shall be awarded
18 reasonable attorney's fees and costs.
19 (d) Remedies available under this Act are in addition to
20 any other remedies or procedures under any other provision of
21 law that may be available to an aggrieved party, including
22 the State.