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Public Act 91-0413
HB0485 Enrolled LRB9100071WHdv
AN ACT in relation to children's product safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Children's Product Safety Act.
Section 10. Definitions. In this Act:
(a) "Children's product" means a product, including but
not limited to a full-size crib, non-full-size crib, toddler
bed, bed, car seat, chair, high chair, booster chair, hook-on
chair, bath seat, gate or other enclosure for confining a
child, play yard, stationary activity center, carrier,
stroller, walker, swing, or toy or play equipment, that meets
the following criteria:
(i) the product is designed or intended for the
care of, or use by, children under 6 years of age or is
designed or intended for the care of, or use by, both
children under 6 years of age and children 6 years of age
or older; and
(ii) the product is designed or intended to come
into contact with the child while the product is used.
Notwithstanding any other provision of this Section, a
product is not a "children's product" for purposes of this
Act if:
(I) it may be used by or for the care of a child
under 6 years of age, but it is designed or intended for
use by the general population or segments of the general
population and not solely or primarily for use by or the
care of a child; or
(II) it is a medication, drug, or food or is
intended to be ingested.
(b) "Commercial user" means any person who deals in
children's products or who otherwise by one's occupation
holds oneself out as having knowledge or skill peculiar to
children's products, or any person who is in the business of
remanufacturing, retrofitting, selling, leasing, subletting,
or otherwise placing in the stream of commerce children's
products.
(c) "Person" means a natural person, firm, corporation,
limited liability company, or association, or an employee or
agent of a natural person or an entity included in this
definition.
(d) "Infant" means any person less than 35 inches tall
and less than 3 years of age.
(e) "Crib" means a bed or containment designed to
accommodate an infant.
(f) "Full-size crib" means a full-size crib as defined
in Section 1508.3 of Title 16 of the Code of Federal
Regulations regarding the requirements for full-size cribs.
(g) "Non-full-size crib" means a non-full-size crib as
defined in Section 1509.2 of Title 16 of the Code of Federal
Regulations regarding the requirements for non-full-size
cribs.
Section 15. Unsafe children's products; prohibition.
(a) No commercial user may remanufacture, retrofit,
sell, contract to sell or resell, lease, sublet, or otherwise
place in the stream of commerce, on or after January 1, 2000,
a children's product that is unsafe.
(b) A children's product is deemed to be unsafe for
purposes of this Act if it meets any of the following
criteria:
(1) It does not conform to all federal laws and
regulations setting forth standards for the children's
product.
(2) It has been recalled for any reason by an
agency of the federal government or the product's
manufacturer, distributor, or importer and the recall has
not been rescinded.
(3) An agency of the federal government has issued
a warning that a specific product's intended use
constitutes a safety hazard and the warning has not been
rescinded.
The Department of Public Health shall create, maintain,
and update a comprehensive list of children's products that
have been identified as meeting any of the criteria set forth
in subdivisions (1) through (3) of this subsection (b). The
Department of Public Health shall make the comprehensive list
available to the public at no cost and shall post it on the
Internet, and encourage links.
(c) A crib is presumed to be unsafe for purposes of this
Act if it does not conform to the standards endorsed or
established by the Consumer Product Safety Commission,
including but not limited to Title 16 of the Code of Federal
Regulations and the American Society for Testing and
Materials, as follows:
(1) Part 1508 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or
supplement the regulations.
(2) Part 1509 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or
supplement the regulations.
(3) Part 1303 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or
supplement the regulations.
(4) The following standards and specifications of
the American Society for Testing Materials for corner
posts of baby cribs and structural integrity of baby
cribs:
(A) ASTM F 966-90 (corner post standard).
(B) ASTM F 1169-88 (structural integrity of
full-size baby cribs).
(C) ASTM F 1822-97 (non-full-size cribs).
(d) Cribs that are unsafe shall include, but not be
limited to, cribs that have any of the following dangerous
features or characteristics:
(1) Corner posts that extend more than
one-sixteenth of an inch.
(2) Spaces between side slats more than 2.375
inches.
(3) Mattress support that can be easily dislodged
from any point of the crib. A mattress segment can be
easily dislodged if it cannot withstand at least a
25-pound upward force from underneath the crib.
(4) Cutout designs on the end panels.
(5) Rail height dimensions that do not conform to
both of the following:
(A) The height of the rail and end panel as
measured from the top of the rail or panel in its
lowest position to the top of the mattress support
in its highest position is at least 9 inches.
(B) The height of the rail and end panel as
measured from the top of the rail or panel in its
highest position to the top of the mattress support
in its lowest position is at least 26 inches.
(6) Any screws, bolts, or hardware that are loose
and not secured.
(7) Sharp edges, points, or rough surfaces, or any
wood surfaces that are not smooth and free from
splinters, splits, or cracks.
(8) Tears in mesh or fabric sides in a
non-full-size crib.
(9) A non-full-size crib that folds in a "V" shape
design does not have top rails that automatically lock
into place when the crib is fully set up.
(10) The mattress pad in a non-full-size
mesh/fabric crib exceeds one inch.
(e) An unsafe children's product, as determined pursuant
to subdivisions (1), (2), and (3) of subsection (b) of this
Section 15, may be retrofitted if the retrofit has been
approved by the agency of the federal government issuing the
recall or warning or the agency responsible for approving the
retrofit is different from the agency issuing the recall or
warning. A retrofitted children's product may be sold if it
is accompanied at the time of sale by a notice declaring that
it is safe to use for a child under 6 years of age. The
notice shall include: (1) a description of the original
problem which made the recalled product unsafe; (2) a
description of the retrofit which explains how the original
problem was eliminated and declaring that it is now safe to
use for a child under 6 years of age; and (3) the name and
address of the commercial user who accomplished the retrofit
certifying that the work was done along with the name and
model number of the product retrofitted. The commercial user
is responsible for ensuring that the notice is present with
the retrofitted product at the time of sale. A retrofit is
exempt from this Act if:
(i) the retrofit is for a children's product that
requires assembly by the consumer, the approved retrofit
is provided with the product by the commercial user, and
the retrofit is accompanied at the time of sale by
instructions explaining how to apply the retrofit; or
(ii) the seller of a previously unsold product
accomplishes the repair, approved or recommended by an
agency of the federal government, prior to sale.
Section 20. Exception. The commercial user shall not be
found noncompliant if the specific recalled product sold was
not included on the Department of Public Health's list on the
day before the sale.
Section 25. Penalty. A commercial user who willfully
and knowingly violates Section 15 is guilty of a Class C
misdemeanor.
Section 30. Enforcement. The Attorney General, or a
State's Attorney in the county in which a violation of this
Act occurred, may bring an action in the name of the People
of the State of Illinois to enforce the provisions of this
Act.
Section 35. Remedies. Remedies available under this Act
are in addition to any other remedies or procedures under any
other provision of law that may be available to an aggrieved
party.
Section 900. The Child Care Act of 1969 is amended by
adding Section 5.2 and changing Section 8 as follows:
(225 ILCS 10/5.2 new)
Sec. 5.2. Unsafe children's products.
(a) A child care facility may not use or have on the
premises, on or after July 1, 2000, an unsafe children's
product as described in Section 15 of the Children's Product
Safety Act. This subsection (a) does not apply to an antique
or collectible children's product if it is not used by, or
accessible to, any child in the child care facility.
(b) The Department of Children and Family Services shall
notify child care facilities, on an ongoing basis, of the
provisions of this Section and the Children's Product Safety
Act and of unsafe children's products, as determined in
accordance with that Act, in plain, non-technical language
that will enable each child care facility to effectively
inspect children's products and identify unsafe children's
products. The Department of Children and Family Services
shall adopt rules to carry out this Section.
(225 ILCS 10/8) (from Ch. 23, par. 2218)
Sec. 8. The Department may revoke or refuse to renew the
license of any child care facility or refuse to issue full
license to the holder of a permit should the licensee or
holder of a permit:
(1) fail to maintain standards prescribed and published
by the Department;
(2) violate any of the provisions of the license issued;
(3) furnish or make any misleading or any false
statement or report to the Department;
(4) refuse to submit to the Department any reports or
refuse to make available to the Department any records
required by the Department in making investigation of the
facility for licensing purposes;
(5) fail or refuse to submit to an investigation by the
Department;
(6) fail or refuse to admit authorized representatives
of the Department at any reasonable time for the purpose of
investigation;
(7) fail to provide, maintain, equip and keep in safe
and sanitary condition premises established or used for child
care as required under standards prescribed by the
Department, or as otherwise required by any law, regulation
or ordinance applicable to the location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under Section
3 of the "Abused and Neglected Child Reporting Act" or fail
to discharge or sever affiliation with the child care
facility of an employee or volunteer at the facility with
direct contact with children who is the subject of an
indicated report under Section 3 of that Act;
(10) fail to comply with the provisions of Section 7.1;
(11) fail to exercise reasonable care in the hiring,
training and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of
children within the facility, as required by the Abused and
Neglected Child Reporting Act;
(13) fail to comply with Section 5.1 or 5.2. of this
Act; or
(14) be identified in an investigation by the Department
as an addict or alcoholic, as defined in the Alcoholism and
Other Drug Abuse and Dependency Act, or be a person whom the
Department knows has abused alcohol or drugs, and has not
successfully participated in treatment, self-help groups or
other suitable activities, and the Department determines that
because of such abuse the licensee, holder of the permit, or
any other person directly responsible for the care and
welfare of the children served, does not comply with
standards relating to character, suitability or other
qualifications established under Section 7 of this Act.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)
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