State of Illinois
91st General Assembly
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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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