HB4875 93RD GENERAL ASSEMBLY

LRB093 18583 DRJ 44305 b

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:

225 ILCS 10/5.2
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 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by changing Section 5.2 as follows:

(225 ILCS 10/5.2)

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. At least once each year, the Department of Children and Family Services 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. The Department of Children and Family Services may provide a copy of the list as often as 4 times per year. The Department of Children and Family Services shall adopt rules to carry out this Section.

(c) 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. The child care facility must make the file accessible to the facility's staff members and to parents of the children who attend the facility.

(Source: P.A. 91-413, eff. 1-1-00.)

Section 10. The Children's Product Safety Act is amended by changing Sections 10, 15, and 25 and by adding Sections 17 and 27 as follows:

(430 ILCS 125/10)

Sec. 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, any child under age 12 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 age 12 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 dealer 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 manufacturing, 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.

(Source: P.A. 91-413, eff. 1-1-00.)

(430 ILCS 125/15)

Sec. 15. Unsafe children's products; prohibition.

(a) On or after the effective date of this amendatory Act of the 93rd General Assembly, no commercial dealer user may manufacture, 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.

(b-5) The Department of Public Health shall do the following:

(1) 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).

(2) Update the comprehensive list within 24 hours after the occurrence of any of the criteria set forth in subsection (b).

(3) 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. The Internet posting must include links to federal agency web sites that describe children's product standards or provide information on children's safety or children's products.

(4) Include information regarding the comprehensive list of unsafe children's products maintained under this Section in regular publications or mailings sent to pediatricians, Special Supplemental Nutrition Program for Women, Infants and Children (WIC) clinics, and local health departments.

(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 ASTM International 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 ASTM International the American Society for Testing Materials for corner posts of baby cribs and structural integrity of baby cribs:

(A) ASTM F 966 966-90 (corner post standard).

(B) ASTM F 1169 1169-88 (structural integrity of full-size baby cribs).

(C) ASTM F 1822 1822-97 (non-full-size cribs).

(d) The Department of Public Health shall make the requirements set forth in subsection (c) available to the public. 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 age 12 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 age 12 6 years of age; and (3) the name and address of the commercial dealer user who accomplished the retrofit certifying that the work was done along with the name and model number of the product retrofitted. The commercial dealer 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 dealer 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.

(Source: P.A. 91-413, eff. 1-1-00.)

(430 ILCS 125/17 new)

Sec. 17. Product recalls.

(a) If a commercial dealer has sold to an Illinois resident a children's product that is unsafe under Section 15, or if a commercial dealer has manufactured a children's product that is unsafe under Section 15, and if that commercial dealer also maintains a web site, then the commercial dealer must include the items described in paragraphs (1) through (3) of this subsection on its web site. The commercial dealer must include the items on the web site no later than the day on which a recall press release is issued by a federal agency (including, but not limited to, the Children's Products Safety Commission or "CPSC") and must maintain the items on the web site for the duration of the recall.

(1) The home page (or the first entry point to the commercial dealer's web site) must include a separate "button", "icon", or "scrolling message" entitled Recall Safety Alert that links the home page to a separate recall information page. The "button", "icon", or "scrolling message" must be in a highly visible location on the home page or first entry point to the commercial dealer's web site. The home page design must allow a person visiting the web site to view the Recall Safety Alert without scrolling vertically or laterally on that page.

(2) The recall page may include only the product recall information and may not include, link to, or otherwise be combined with sales or marketing information on that product or any other product. The recall information must include all of the text (verbatim) in the federal agency recall press release and a color photo of the recalled product.

(3) The recall page must be interactive to allow persons to participate in the recall through the commercial dealer's web site.

(b) Within 30 days after a federal agency issues a recall press release, a commercial dealer who has sold the recalled product to an Illinois resident through the commercial dealer's web site must give notice of the product recall to all Illinois residents who purchased the recalled product. The notice must include a description of the product defect and how to participate in the recall.

(c) A commercial dealer who has any retail establishments in Illinois must post current federal agency recall notices on unsafe children's products (as defined in Section 15) that were for sale at any time at each Illinois-based retail establishment. The notices must be placed in prominent locations in each store. The recall notices must be posted no later than the day on which the federal agency issues the recall press release and must remain posted for a minimum of 60 days. The commercial dealer must keep a copy of the recall notice concerning any children's product sold in an Illinois-based retail establishment on file and must make the copy available to the public upon request for the duration of the recall.

(d) Within 5 days after a recalled children's product is placed on the Department of Public Health's comprehensive list maintained under Section 15, a commercial dealer who is not a party to the issuance of the recall must post the recalled children's product on the retail establishment's web site as provided in subsection (a) or must post a notice of the recalled product at each retail establishment in Illinois as provided in subsection (c).

(430 ILCS 125/25)

Sec. 25. Penalty. A commercial dealer user who willfully and knowingly violates this Act is subject to a civil penalty in an amount not to exceed $1,000 for each day that the violation continues. The Department of Public Health may impose a civil penalty under this Section following an administrative hearing at which the commercial dealer has been afforded an opportunity to present oral or written evidence, or both. The Attorney General may bring an action in the circuit court to enforce the collection of a civil penalty imposed under this Section. Section 15 is guilty of a Class C misdemeanor.

(Source: P.A. 91-413, eff. 1-1-00.)

(430 ILCS 125/27 new)

Sec. 27. Federal requirements. Nothing in this Act relieves a commercial dealer from compliance with stricter requirements that may be imposed by an agency of the federal government.

(430 ILCS 125/20 rep.)

Section 11. The Children's Product Safety Act is amended by repealing Section 20.

Section 99. Effective date. This Act takes effect upon becoming law.