State of Illinois
91st General Assembly

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[ House Amendment 003 ]


HB0485 Enrolled                                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
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 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  it  meets  any  of the following
29    criteria:
30             (1)  It does not conform to  all  federal  laws  and
31        regulations  setting  forth  standards for the children's
32        product.
33             (2)  It has been  recalled  for  any  reason  by  an
HB0485 Enrolled             -3-                LRB9100071WHdv
 1        agency   of  the  federal  government  or  the  product's
 2        manufacturer, distributor, or importer and the recall has
 3        not been rescinded.
 4             (3)  An agency of the federal government has  issued
 5        a   warning   that  a  specific  product's  intended  use
 6        constitutes a safety hazard and the warning has not  been
 7        rescinded.
 8        The  Department  of Public Health shall create, maintain,
 9    and update a comprehensive list of children's  products  that
10    have been identified as meeting any of the criteria set forth
11    in  subdivisions (1) through (3) of this subsection (b).  The
12    Department of Public Health shall make the comprehensive list
13    available to the public at no cost and shall post it  on  the
14    Internet, and encourage links.
15        (c)  A crib is presumed to be unsafe for purposes of this
16    Act  if  it  does  not  conform  to the standards endorsed or
17    established  by  the  Consumer  Product  Safety   Commission,
18    including  but not limited to Title 16 of the Code of Federal
19    Regulations  and  the  American  Society  for   Testing   and
20    Materials, as follows:
21             (1)  Part  1508  of  Title 16 of the Code of Federal
22        Regulations and  any  regulations  adopted  to  amend  or
23        supplement the regulations.
24             (2)  Part  1509  of  Title 16 of the Code of Federal
25        Regulations and  any  regulations  adopted  to  amend  or
26        supplement the regulations.
27             (3)  Part  1303  of  Title 16 of the Code of Federal
28        Regulations and  any  regulations  adopted  to  amend  or
29        supplement the regulations.
30             (4)  The  following  standards and specifications of
31        the American Society for  Testing  Materials  for  corner
32        posts  of  baby  cribs  and  structural integrity of baby
33        cribs:
34                  (A)  ASTM F 966-90 (corner post standard).
HB0485 Enrolled             -4-                LRB9100071WHdv
 1                  (B)  ASTM F 1169-88  (structural  integrity  of
 2             full-size baby cribs).
 3                  (C)  ASTM F 1822-97 (non-full-size cribs).
 4        (d)  Cribs  that  are  unsafe  shall  include, but not be
 5    limited to, cribs that have any of  the  following  dangerous
 6    features or characteristics:
 7             (1)  Corner    posts    that    extend   more   than
 8        one-sixteenth of an inch.
 9             (2)  Spaces  between  side  slats  more  than  2.375
10        inches.
11             (3)  Mattress support that can be  easily  dislodged
12        from  any  point  of the crib.  A mattress segment can be
13        easily dislodged  if  it  cannot  withstand  at  least  a
14        25-pound upward force from underneath the crib.
15             (4)  Cutout designs on the end panels.
16             (5)  Rail  height  dimensions that do not conform to
17        both of the following:
18                  (A)  The height of the rail and  end  panel  as
19             measured  from  the  top of the rail or panel in its
20             lowest position to the top of the  mattress  support
21             in its highest position is at least 9 inches.
22                  (B)  The  height  of  the rail and end panel as
23             measured from the top of the rail or  panel  in  its
24             highest  position to the top of the mattress support
25             in its lowest position is at least 26 inches.
26             (6)  Any screws, bolts, or hardware that  are  loose
27        and not secured.
28             (7)  Sharp  edges, points, or rough surfaces, or any
29        wood  surfaces  that  are  not  smooth  and   free   from
30        splinters, splits, or cracks.
31             (8)  Tears   in   mesh   or   fabric   sides   in  a
32        non-full-size crib.
33             (9)  A non-full-size crib that folds in a "V"  shape
34        design  does  not  have top rails that automatically lock
HB0485 Enrolled             -5-                LRB9100071WHdv
 1        into place when the crib is fully set up.
 2             (10)  The   mattress   pad   in   a    non-full-size
 3        mesh/fabric crib exceeds one inch.
 4        (e)  An unsafe children's product, as determined pursuant
 5    to  subdivisions  (1), (2), and (3) of subsection (b) of this
 6    Section 15, may be  retrofitted  if  the  retrofit  has  been
 7    approved  by the agency of the federal government issuing the
 8    recall or warning or the agency responsible for approving the
 9    retrofit is different from the agency issuing the  recall  or
10    warning.  A  retrofitted children's product may be sold if it
11    is accompanied at the time of sale by a notice declaring that
12    it is safe to use for a child  under  6  years  of  age.  The
13    notice  shall  include:  (1)  a  description  of the original
14    problem  which  made  the  recalled  product  unsafe;  (2)  a
15    description of the retrofit which explains how  the  original
16    problem  was  eliminated and declaring that it is now safe to
17    use for a child under 6 years of age; and (3)  the  name  and
18    address  of the commercial user who accomplished the retrofit
19    certifying that the work was done along  with  the  name  and
20    model  number of the product retrofitted. The commercial user
21    is responsible for ensuring that the notice is  present  with
22    the  retrofitted  product  at the time of sale. A retrofit is
23    exempt from this Act if:
24             (i)  the retrofit is for a children's  product  that
25        requires  assembly by the consumer, the approved retrofit
26        is provided with the product by the commercial user,  and
27        the  retrofit  is  accompanied  at  the  time  of sale by
28        instructions explaining how to apply the retrofit; or
29             (ii)  the seller  of  a  previously  unsold  product
30        accomplishes  the  repair,  approved or recommended by an
31        agency of the federal government, prior to sale.

32        Section 20.  Exception.  The commercial user shall not be
33    found noncompliant if the specific recalled product sold  was
HB0485 Enrolled             -6-                LRB9100071WHdv
 1    not included on the Department of Public Health's list on the
 2    day before the sale.

 3        Section  25.   Penalty.   A commercial user who willfully
 4    and knowingly violates Section 15 is  guilty  of  a  Class  C
 5    misdemeanor.

 6        Section  30.  Enforcement.   The  Attorney  General, or a
 7    State's Attorney in the county in which a violation  of  this
 8    Act  occurred,  may bring an action in the name of the People
 9    of the State of Illinois to enforce the  provisions  of  this
10    Act.

11        Section  35. Remedies.  Remedies available under this Act
12    are in addition to any other remedies or procedures under any
13    other provision of law that may be available to an  aggrieved
14    party.

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

17        (225 ILCS 10/5.2 new)
18        Sec. 5.2.  Unsafe children's products.
19        (a)  A child care facility may not use  or  have  on  the
20    premises,  on  or  after  July  1, 2000, an unsafe children's
21    product as described in Section 15 of the Children's  Product
22    Safety Act.  This subsection (a) does not apply to an antique
23    or  collectible  children's  product if it is not used by, or
24    accessible to, any child in the child care facility.
25        (b)  The Department of Children and Family Services shall
26    notify child care facilities, on an  ongoing  basis,  of  the
27    provisions  of this Section and the Children's Product Safety
28    Act and of  unsafe  children's  products,  as  determined  in
29    accordance  with  that  Act, in plain, non-technical language
HB0485 Enrolled             -7-                LRB9100071WHdv
 1    that will enable each  child  care  facility  to  effectively
 2    inspect  children's  products  and identify unsafe children's
 3    products.   The Department of Children  and  Family  Services
 4    shall adopt rules to carry out this Section.

 5        (225 ILCS 10/8) (from Ch. 23, par. 2218)
 6        Sec. 8.  The Department may revoke or refuse to renew the
 7    license  of  any  child care facility or refuse to issue full
 8    license to the holder of a  permit  should  the  licensee  or
 9    holder of a permit:
10        (1)  fail  to maintain standards prescribed and published
11    by the Department;
12        (2)  violate any of the provisions of the license issued;
13        (3)  furnish  or  make  any  misleading  or   any   false
14    statement or report to the Department;
15        (4)  refuse  to  submit  to the Department any reports or
16    refuse to  make  available  to  the  Department  any  records
17    required  by  the  Department  in making investigation of the
18    facility for licensing purposes;
19        (5)  fail or refuse to submit to an investigation by  the
20    Department;
21        (6)  fail  or  refuse to admit authorized representatives
22    of the Department at any reasonable time for the  purpose  of
23    investigation;
24        (7)  fail  to  provide,  maintain, equip and keep in safe
25    and sanitary condition premises established or used for child
26    care  as  required  under   standards   prescribed   by   the
27    Department,  or  as otherwise required by any law, regulation
28    or ordinance applicable to the location of such facility;
29        (8)  refuse to display its license or permit;
30        (9)  be the subject of an indicated report under  Section
31    3  of  the "Abused and Neglected Child Reporting Act" or fail
32    to  discharge  or  sever  affiliation  with  the  child  care
33    facility of an employee or volunteer  at  the  facility  with
HB0485 Enrolled             -8-                LRB9100071WHdv
 1    direct  contact  with  children  who  is  the  subject  of an
 2    indicated report under Section 3 of that Act;
 3        (10)  fail to comply with the provisions of Section 7.1;
 4        (11)  fail to exercise reasonable  care  in  the  hiring,
 5    training and supervision of facility personnel;
 6        (12)  fail  to  report  suspected  abuse  or  neglect  of
 7    children  within  the facility, as required by the Abused and
 8    Neglected Child Reporting Act;
 9        (13)  fail to comply with Section 5.1  or  5.2.  of  this
10    Act; or
11        (14)  be identified in an investigation by the Department
12    as  an  addict or alcoholic, as defined in the Alcoholism and
13    Other Drug Abuse and Dependency Act, or be a person whom  the
14    Department  knows  has  abused  alcohol or drugs, and has not
15    successfully participated in treatment, self-help  groups  or
16    other suitable activities, and the Department determines that
17    because  of such abuse the licensee, holder of the permit, or
18    any other  person  directly  responsible  for  the  care  and
19    welfare   of  the  children  served,  does  not  comply  with
20    standards  relating  to  character,  suitability   or   other
21    qualifications established under Section 7 of this Act.
22    (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)

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