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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4875 LRB093 18583 DRJ 44305 b

1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Child Care Act of 1969 is amended by
5 changing Section 5.2 as follows:
 
6     (225 ILCS 10/5.2)
7     Sec. 5.2. Unsafe children's products.
8     (a) A child care facility may not use or have on the
9 premises, on or after July 1, 2000, an unsafe children's
10 product as described in Section 15 of the Children's Product
11 Safety Act. This subsection (a) does not apply to an antique or
12 collectible children's product if it is not used by, or
13 accessible to, any child in the child care facility.
14     (b) The Department of Children and Family Services shall
15 notify child care facilities, on an ongoing basis, of the
16 provisions of this Section and the Children's Product Safety
17 Act and of unsafe children's products, as determined in
18 accordance with that Act, in plain, non-technical language that
19 will enable each child care facility to effectively inspect
20 children's products and identify unsafe children's products.
21 At least once each year, the Department of Children and Family
22 Services must provide to each child care facility a copy of the
23 most recent comprehensive list of unsafe children's products
24 maintained by the Department of Public Health under the
25 Children's Product Safety Act. The Department of Children and
26 Family Services may provide a copy of the list as often as 4
27 times per year. The Department of Children and Family Services
28 shall adopt rules to carry out this Section.
29     (c) Every child care facility must maintain at its premises
30 a file containing all bulletins or notices issued by the
31 Department of Public Health concerning unsafe children's
32 products. The child care facility must make the file accessible

 

 

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1 to the facility's staff members and to parents of the children
2 who attend the facility.
3 (Source: P.A. 91-413, eff. 1-1-00.)
 
4     Section 10. 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.
33     (b) "Commercial dealer user" means any person who deals in
34 children's products or who otherwise by one's occupation holds

 

 

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1 oneself out as having knowledge or skill peculiar to children's
2 products, or any person who is in the business of
3 manufacturing, remanufacturing, retrofitting, selling,
4 leasing, subletting, or otherwise placing in the stream of
5 commerce children's products.
6     (c) "Person" means a natural person, firm, corporation,
7 limited liability company, or association, or an employee or
8 agent of a natural person or an entity included in this
9 definition.
10     (d) "Infant" means any person less than 35 inches tall and
11 less than 3 years of age.
12     (e) "Crib" means a bed or containment designed to
13 accommodate an infant.
14     (f) "Full-size crib" means a full-size crib as defined in
15 Section 1508.3 of Title 16 of the Code of Federal Regulations
16 regarding the requirements for full-size cribs.
17     (g) "Non-full-size crib" means a non-full-size crib as
18 defined in Section 1509.2 of Title 16 of the Code of Federal
19 Regulations regarding the requirements for non-full-size
20 cribs.
21 (Source: P.A. 91-413, eff. 1-1-00.)
 
22     (430 ILCS 125/15)
23     Sec. 15. Unsafe children's products; prohibition.
24     (a) On or after the effective date of this amendatory Act
25 of the 93rd General Assembly, no commercial dealer user may
26 manufacture, remanufacture, retrofit, sell, contract to sell
27 or resell, lease, sublet, or otherwise place in the stream of
28 commerce, on or after January 1, 2000, a children's product
29 that is unsafe.
30     (b) A children's product is deemed to be unsafe for
31 purposes of this Act if it meets any of the following criteria:
32         (1) It does not conform to all federal laws and
33     regulations setting forth standards for the children's
34     product.
35         (2) It has been recalled for any reason by an agency of

 

 

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1     the federal government or the product's manufacturer,
2     distributor, or importer and the recall has not been
3     rescinded.
4         (3) An agency of the federal government has issued a
5     warning that a specific product's intended use constitutes
6     a safety hazard and the warning has not been rescinded.
7     (b-5) The Department of Public Health shall do the
8 following:
9         (1) create, Maintain, and update a comprehensive list
10     of children's products that have been identified as meeting
11     any of the criteria set forth in subdivisions (1) through
12     (3) of this subsection (b).
13         (2) Update the comprehensive list within 24 hours after
14     the occurrence of any of the criteria set forth in
15     subsection (b).
16         (3) The Department of Public Health shall Make the
17     comprehensive list available to the public at no cost and
18     shall post it on the Internet, and encourage links. The
19     Internet posting must include links to federal agency web
20     sites that describe children's product standards or
21     provide information on children's safety or children's
22     products.
23         (4) Include information regarding the comprehensive
24     list of unsafe children's products maintained under this
25     Section in regular publications or mailings sent to
26     pediatricians, Special Supplemental Nutrition Program for
27     Women, Infants and Children (WIC) clinics, and local health
28     departments.
29     (c) A crib is presumed to be unsafe for purposes of this
30 Act if it does not conform to the standards endorsed or
31 established by the Consumer Product Safety Commission,
32 including but not limited to Title 16 of the Code of Federal
33 Regulations and ASTM International the American Society for
34 Testing and Materials, as follows:
35         (1) Part 1508 of Title 16 of the Code of Federal
36     Regulations and any regulations adopted to amend or

 

 

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1     supplement the regulations.
2         (2) Part 1509 of Title 16 of the Code of Federal
3     Regulations and any regulations adopted to amend or
4     supplement the regulations.
5         (3) Part 1303 of Title 16 of the Code of Federal
6     Regulations and any regulations adopted to amend or
7     supplement the regulations.
8         (4) The following standards and specifications of ASTM
9     International the American Society for Testing Materials
10     for corner posts of baby cribs and structural integrity of
11     baby cribs:
12             (A) ASTM F 966 966-90 (corner post standard).
13             (B) ASTM F 1169 1169-88 (structural integrity of
14         full-size baby cribs).
15             (C) ASTM F 1822 1822-97 (non-full-size cribs).
16     (d) The Department of Public Health shall make the
17 requirements set forth in subsection (c) available to the
18 public. Cribs that are unsafe shall include, but not be limited
19 to, cribs that have any of the following dangerous features or
20 characteristics:
21         (1) Corner posts that extend more than one-sixteenth of
22     an inch.
23         (2) Spaces between side slats more than 2.375 inches.
24         (3) Mattress support that can be easily dislodged from
25     any point of the crib. A mattress segment can be easily
26     dislodged if it cannot withstand at least a 25-pound upward
27     force from underneath the crib.
28         (4) Cutout designs on the end panels.
29         (5) Rail height dimensions that do not conform to both
30     of the following:
31             (A) The height of the rail and end panel as
32         measured from the top of the rail or panel in its
33         lowest position to the top of the mattress support in
34         its highest position is at least 9 inches.
35             (B) The height of the rail and end panel as
36         measured from the top of the rail or panel in its

 

 

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1         highest position to the top of the mattress support in
2         its lowest position is at least 26 inches.
3         (6) Any screws, bolts, or hardware that are loose and
4     not secured.
5         (7) Sharp edges, points, or rough surfaces, or any wood
6     surfaces that are not smooth and free from splinters,
7     splits, or cracks.
8         (8) Tears in mesh or fabric sides in a non-full-size
9     crib.
10         (9) A non-full-size crib that folds in a "V" shape
11     design does not have top rails that automatically lock into
12     place when the crib is fully set up.
13         (10) The mattress pad in a non-full-size mesh/fabric
14     crib exceeds one inch.
15     (e) An unsafe children's product, as determined pursuant to
16 subdivisions (1), (2), and (3) of subsection (b) of this
17 Section 15, may be retrofitted if the retrofit has been
18 approved by the agency of the federal government issuing the
19 recall or warning or the agency responsible for approving the
20 retrofit is different from the agency issuing the recall or
21 warning. A retrofitted children's product may be sold if it is
22 accompanied at the time of sale by a notice declaring that it
23 is safe to use for a child under age 12 6 years of age. The
24 notice shall include: (1) a description of the original problem
25 which made the recalled product unsafe; (2) a description of
26 the retrofit which explains how the original problem was
27 eliminated and declaring that it is now safe to use for a child
28 under age 12 6 years of age; and (3) the name and address of the
29 commercial dealer user who accomplished the retrofit
30 certifying that the work was done along with the name and model
31 number of the product retrofitted. The commercial dealer user
32 is responsible for ensuring that the notice is present with the
33 retrofitted product at the time of sale. A retrofit is exempt
34 from this Act if:
35         (i) the retrofit is for a children's product that
36     requires assembly by the consumer, the approved retrofit is

 

 

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1     provided with the product by the commercial dealer user,
2     and the retrofit is accompanied at the time of sale by
3     instructions explaining how to apply the retrofit; or
4         (ii) the seller of a previously unsold product
5     accomplishes the repair, approved or recommended by an
6     agency of the federal government, prior to sale.
7 (Source: P.A. 91-413, eff. 1-1-00.)
 
8     (430 ILCS 125/17 new)
9     Sec. 17. Product recalls.
10     (a) If a commercial dealer has sold to an Illinois resident
11 a children's product that is unsafe under Section 15, or if a
12 commercial dealer has manufactured a children's product that is
13 unsafe under Section 15, and if that commercial dealer also
14 maintains a web site, then the commercial dealer must include
15 the items described in paragraphs (1) through (3) of this
16 subsection on its web site. The commercial dealer must include
17 the items on the web site no later than the day on which a
18 recall press release is issued by a federal agency (including,
19 but not limited to, the Children's Products Safety Commission
20 or "CPSC") and must maintain the items on the web site for the
21 duration of the recall.
22         (1) The home page (or the first entry point to the
23     commercial dealer's web site) must include a separate
24     "button", "icon", or "scrolling message" entitled Recall
25     Safety Alert that links the home page to a separate recall
26     information page. The "button", "icon", or "scrolling
27     message" must be in a highly visible location on the home
28     page or first entry point to the commercial dealer's web
29     site. The home page design must allow a person visiting the
30     web site to view the Recall Safety Alert without scrolling
31     vertically or laterally on that page.
32         (2) The recall page may include only the product recall
33     information and may not include, link to, or otherwise be
34     combined with sales or marketing information on that
35     product or any other product. The recall information must

 

 

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1     include all of the text (verbatim) in the federal agency
2     recall press release and a color photo of the recalled
3     product.
4         (3) The recall page must be interactive to allow
5     persons to participate in the recall through the commercial
6     dealer's web site.
7     (b) Within 30 days after a federal agency issues a recall
8     press release, a commercial dealer who has sold the recalled
9     product to an Illinois resident through the commercial dealer's
10     web site must give notice of the product recall to all Illinois
11     residents who purchased the recalled product. The notice must
12     include a description of the product defect and how to
13     participate in the recall.
14     (c) A commercial dealer who has any retail establishments
15     in Illinois must post current federal agency recall notices on
16     unsafe children's products (as defined in Section 15) that were
17     for sale at any time at each Illinois-based retail
18     establishment. The notices must be placed in prominent
19     locations in each store. The recall notices must be posted no
20     later than the day on which the federal agency issues the
21     recall press release and must remain posted for a minimum of 60
22     days. The commercial dealer must keep a copy of the recall
23     notice concerning any children's product sold in an
24     Illinois-based retail establishment on file and must make the
25     copy available to the public upon request for the duration of
26     the recall.
27     (d) Within 5 days after a recalled children's product is
28     placed on the Department of Public Health's comprehensive list
29     maintained under Section 15, a commercial dealer who is not a
30     party to the issuance of the recall must post the recalled
31     children's product on the retail establishment's web site as
32     provided in subsection (a) or must post a notice of the
33     recalled product at each retail establishment in Illinois as
34     provided in subsection (c).
 
35     (430 ILCS 125/25)

 

 

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1     Sec. 25. Penalty. A commercial dealer user who willfully
2 and knowingly violates this Act is subject to a civil penalty
3 in an amount not to exceed $1,000 for each day that the
4 violation continues. The Department of Public Health may impose
5 a civil penalty under this Section following an administrative
6 hearing at which the commercial dealer has been afforded an
7 opportunity to present oral or written evidence, or both. The
8 Attorney General may bring an action in the circuit court to
9 enforce the collection of a civil penalty imposed under this
10 Section. Section 15 is guilty of a Class C misdemeanor.
11 (Source: P.A. 91-413, eff. 1-1-00.)
 
12     (430 ILCS 125/27 new)
13     Sec. 27. Federal requirements. Nothing in this Act relieves
14 a commercial dealer from compliance with stricter requirements
15 that may be imposed by an agency of the federal government.
 
16     (430 ILCS 125/20 rep.)
17     Section 11. The Children's Product Safety Act is amended by
18 repealing Section 20.
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.