State of Illinois
91st General Assembly
Legislation

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91_HB0485

 
                                               LRB9100071WHdv

 1        AN ACT in relation to children's 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    Children's Product Safety Act.

 6        Section 10.  Definitions.  In this Act:
 7        (a)  "Children's  product" means a product, including but
 8    not limited to a full-size crib, non-full-size crib,  toddler
 9    bed, bed, car seat, chair, high chair, booster chair, hook-on
10    chair,  bath  seat,  gate  or other enclosure for confining a
11    child,  play  yard,  stationary  activity  center,   carrier,
12    stroller, walker, swing, or toy or play equipment, that meets
13    the following criteria:
14             (i)  the  product  is  designed  or intended for the
15        care of, or use by, children under 6 years of age  or  is
16        designed  or  intended  for  the care of, or use by, both
17        children under 6 years of age and children 6 years of age
18        or older; and
19             (ii)  the product is designed or  intended  to  come
20        into contact with the child while the product is used.
21        Notwithstanding  any  other  provision of this Section, a
22    product is not a "children's product" for  purposes  of  this
23    Act if:
24             (I)  it  may  be  used by or for the care of a child
25        under 6 years of age, but it is designed or intended  for
26        use  by the general population or segments of the general
27        population and not solely or primarily for use by or  the
28        care of a child; or
29             (II)  it  is  a  medication,  drug,  or  food  or is
30        intended to be ingested.
31        (b)  "Commercial user" means  any  person  who  deals  in
 
                            -2-                LRB9100071WHdv
 1    children's  products  or  who  otherwise  by one's occupation
 2    holds oneself out as having knowledge or  skill  peculiar  to
 3    children's  products, or any person who is in the business of
 4    remanufacturing, retrofitting, selling, leasing,  subletting,
 5    or  otherwise  placing  in  the stream of commerce children's
 6    products.
 7        (c)  "Person" means a natural person, firm,  corporation,
 8    limited  liability company, or association, or an employee or
 9    agent of a natural person  or  an  entity  included  in  this
10    definition.
11        (d)  "Infant"  means  any person less than 35 inches tall
12    and less than 3 years of age.
13        (e)  "Crib"  means  a  bed  or  containment  designed  to
14    accommodate an infant.
15        (f)  "Full-size crib" means a full-size crib  as  defined
16    in  Section  1508.3  of  Title  16  of  the  Code  of Federal
17    Regulations regarding the requirements for full-size cribs.
18        (g)  "Non-full-size crib" means a non-full-size  crib  as
19    defined  in Section 1509.2 of Title 16 of the Code of Federal
20    Regulations  regarding  the  requirements  for  non-full-size
21    cribs.

22        Section 15. Unsafe children's products; prohibition.
23        (a)  No  commercial  user  may  remanufacture,  retrofit,
24    sell, contract to sell or resell, lease, sublet, or otherwise
25    place in the stream of commerce, on or after January 1, 2000,
26    a children's product that is unsafe.
27        (b)  A children's product is  deemed  to  be  unsafe  for
28    purposes  of  this  Act  if the Illinois Department of Public
29    Health has determined that it  meets  any  of  the  following
30    criteria:
31             (1)  It  does  not  conform  to all federal laws and
32        regulations and Illinois laws  and  rules  setting  forth
33        standards for the children's product.
 
                            -3-                LRB9100071WHdv
 1             (2)  It  has  been  recalled  for  any reason by its
 2        manufacturer, distributor, or importer.
 3             (3)  An agency of  the  federal  government  or  the
 4        State  of  Illinois has issued an order, notice, or other
 5        announcement of any kind advising against its use and the
 6        order,  notice,  or  other  announcement  has  not   been
 7        rescinded.
 8        The Department of Public Health shall maintain and update
 9    a  list  of  children's  products  that  it has identified as
10    meeting any of the criteria set  forth  in  subdivisions  (1)
11    through (3) of this subsection (b).  The Department of Public
12    Health  shall make the list available to the public and shall
13    post it on the Internet.
14        (c)  A crib is presumed to be unsafe for purposes of this
15    Act if it does not conform to all of the following:
16             (1)  Part 1508 of Title 16 of the  Code  of  Federal
17        Regulations  and  any  regulations  adopted  to  amend or
18        supplement the regulations.
19             (2)  Part 1509 of Title 16 of the  Code  of  Federal
20        Regulations  and  any  regulations  adopted  to  amend or
21        supplement the regulations.
22             (3)  Part 1303 of Title 16 of the  Code  of  Federal
23        Regulations  and  any  regulations  adopted  to  amend or
24        supplement the regulations.
25             (4)  The following standards and  specifications  of
26        the  American  Society  for  Testing Materials for corner
27        posts of baby cribs  and  structural  integrity  of  baby
28        cribs:
29                  (A)  ASTM F 966-90 (cornerpost standard).
30                  (B)  ASTM  F  1169-88  (structural integrity of
31             full-size baby cribs).
32                  (C)  ASTM F 1822-97 (non-full-size cribs).
33        (d)  A crib is presumed to be unsafe for purposes of this
34    Act if it has any of  the  following  dangerous  features  or
 
                            -4-                LRB9100071WHdv
 1    characteristics:
 2             (1)  Corner    posts    that    extend   more   than
 3        one-sixteenth of an inch.
 4             (2)  Spaces  between  side  slats  more  than  2.375
 5        inches.
 6             (3)  Mattress support that can be  easily  dislodged
 7        from  any  point  of the crib.  A mattress segment can be
 8        easily dislodged  if  it  cannot  withstand  at  least  a
 9        25-pound upward force from underneath the crib.
10             (4)  Cutout designs on the end panels.
11             (5)  Rail  height  dimensions that do not conform to
12        both of the following:
13                  (A)  The height of the rail and  end  panel  as
14             measured  from  the  top of the rail or panel in its
15             lowest position to the top of the  mattress  support
16             in its highest position is at least 9 inches.
17                  (B)  The  height  of  the rail and end panel as
18             measured from the top of the rail or  panel  in  its
19             highest  position to the top of the mattress support
20             in its lowest position is at least 26 inches.
21             (6)  Any screws, bolts, or hardware that  are  loose
22        and not secured.
23             (7)  Sharp  edges, points, or rough surfaces, or any
24        wood  surfaces  that  are  not  smooth  and   free   from
25        splinters, splits, or cracks.
26             (8)  Tears   in   mesh   or   fabric   sides   in  a
27        non-full-size crib.
28             (9)  A non-full-size crib that folds in a "V"  shape
29        design  does  not  have top rails that automatically lock
30        into place when the crib is fully set up.
31             (10)  The   mattress   pad   in   a    non-full-size
32        mesh/fabric crib exceeds one inch.

33        Section  20.  Exemption.  Any product that is clearly not
 
                            -5-                LRB9100071WHdv
 1    intended for use by a child under 6 years of  age  is  exempt
 2    from  the  provisions of this Act if it is accompanied at the
 3    time  of  remanufacturing,  retrofitting,  selling,  leasing,
 4    subletting, or otherwise placing in the stream  of  commerce,
 5    by  a notice to be furnished by the commercial user declaring
 6    that it is not intended to be used for a child under 6  years
 7    of  age  and is dangerous to use for a child under 6 years of
 8    age.  A commercial user is further  exempt  from  claims  for
 9    liability  resulting  from  use  of a product contrary to the
10    notice required in this Section.

11        Section 25.  Penalty.  A commercial  user  who  willfully
12    and  knowingly  violates  Section  15  is guilty of a Class C
13    misdemeanor.

14        Section 30. Civil actions.  Any person  may  maintain  an
15    action against any commercial user who violates Section 15 to
16    enjoin  the  remanufacture,  retrofitting,  sale, contract to
17    sell, contract to resell, lease, or subletting of  an  unsafe
18    children's  product,  and  for reasonable attorney's fees and
19    costs.

20        Section 35. Remedies.  Remedies available under this  Act
21    are in addition to any other remedies or procedures under any
22    other  provision of law that may be available to an aggrieved
23    party.

24        Section 900.  The Child Care Act of 1969  is  amended  by
25    adding Section 5.2 and changing Section 8 as follows:

26        (225 ILCS 10/5.2 new)
27        Sec. 5.2.  Unsafe children's products.
28        (a)  A  child  care  facility  may not use or have on the
29    premises, on or after July  1,  2000,  an  unsafe  children's
 
                            -6-                LRB9100071WHdv
 1    product  as described in Section 15 of the Children's Product
 2    Safety Act.  This subsection (a) does not apply to an antique
 3    or collectible children's product if it is not  used  by,  or
 4    accessible to, any child in the child care facility.
 5        (b)  The Department of Children and Family Services shall
 6    notify  child  care  facilities,  on an ongoing basis, of the
 7    provisions of this Section and the Children's Product  Safety
 8    Act  and  of  unsafe  children's  products,  as determined in
 9    accordance with that Act, in  plain,  non-technical  language
10    that  will  enable  each  child  care facility to effectively
11    inspect children's products and  identify  unsafe  children's
12    products.    The  Department  of Children and Family Services
13    shall adopt rules to carry out this Section.

14        (225 ILCS 10/8) (from Ch. 23, par. 2218)
15        Sec. 8.  The Department may revoke or refuse to renew the
16    license of any child care facility or refuse  to  issue  full
17    license  to  the  holder  of  a permit should the licensee or
18    holder of a permit:
19        (1)  fail to maintain standards prescribed and  published
20    by the Department;
21        (2)  violate any of the provisions of the license issued;
22        (3)  furnish   or   make  any  misleading  or  any  false
23    statement or report to the Department;
24        (4)  refuse to submit to the Department  any  reports  or
25    refuse  to  make  available  to  the  Department  any records
26    required by the Department in  making  investigation  of  the
27    facility for licensing purposes;
28        (5)  fail  or refuse to submit to an investigation by the
29    Department;
30        (6)  fail or refuse to admit  authorized  representatives
31    of  the  Department at any reasonable time for the purpose of
32    investigation;
33        (7)  fail to provide, maintain, equip and  keep  in  safe
 
                            -7-                LRB9100071WHdv
 1    and sanitary condition premises established or used for child
 2    care   as   required   under   standards  prescribed  by  the
 3    Department, or as otherwise required by any  law,  regulation
 4    or ordinance applicable to the location of such facility;
 5        (8)  refuse to display its license or permit;
 6        (9)  be  the subject of an indicated report under Section
 7    3 of the "Abused and Neglected Child Reporting Act"  or  fail
 8    to  discharge  or  sever  affiliation  with  the  child  care
 9    facility  of  an  employee  or volunteer at the facility with
10    direct contact  with  children  who  is  the  subject  of  an
11    indicated report under Section 3 of that Act;
12        (10)  fail to comply with the provisions of Section 7.1;
13        (11)  fail  to  exercise  reasonable  care in the hiring,
14    training and supervision of facility personnel;
15        (12)  fail  to  report  suspected  abuse  or  neglect  of
16    children within the facility, as required by the  Abused  and
17    Neglected Child Reporting Act;
18        (13)  fail  to  comply  with  Section 5.1 or 5.2. of this
19    Act; or
20        (14)  be identified in an investigation by the Department
21    as an addict or alcoholic, as defined in the  Alcoholism  and
22    Other  Drug Abuse and Dependency Act, or be a person whom the
23    Department knows has abused alcohol or  drugs,  and  has  not
24    successfully  participated  in treatment, self-help groups or
25    other suitable activities, and the Department determines that
26    because of such abuse the licensee, holder of the permit,  or
27    any  other  person  directly  responsible  for  the  care and
28    welfare  of  the  children  served,  does  not  comply   with
29    standards   relating   to  character,  suitability  or  other
30    qualifications established under Section 7 of this Act.
31    (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)

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