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| [ House Amendment 003 ] |
91_HB0485ham001
LRB9100071WHdvam01
1 AMENDMENT TO HOUSE BILL 485
2 AMENDMENT NO. . Amend House Bill 485 by replacing
3 everything after the enacting clause with the following:
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
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1 Act if:
2 (I) it may be used by or for the care of a child
3 under 6 years of age, but it is designed or intended for
4 use by the general population or segments of the general
5 population and not solely or primarily for use by or the
6 care of a child; or
7 (II) it is a medication, drug, or food or is
8 intended to be ingested.
9 (b) "Commercial user" means any person who deals in
10 children's products or who otherwise by one's occupation
11 holds oneself out as having knowledge or skill peculiar to
12 children's products, or any person who is in the business of
13 remanufacturing, retrofitting, selling, leasing, subletting,
14 or otherwise placing in the stream of commerce children's
15 products.
16 (c) "Person" means a natural person, firm, corporation,
17 limited liability company, or association, or an employee or
18 agent of a natural person or an entity included in this
19 definition.
20 (d) "Infant" means any person less than 35 inches tall
21 and less than 3 years of age.
22 (e) "Crib" means a bed or containment designed to
23 accommodate an infant.
24 (f) "Full-size crib" means a full-size crib as defined
25 in Section 1508.3 of Title 16 of the Code of Federal
26 Regulations regarding the requirements for full-size cribs.
27 (g) "Non-full-size crib" means a non-full-size crib as
28 defined in Section 1509.2 of Title 16 of the Code of Federal
29 Regulations regarding the requirements for non-full-size
30 cribs.
31 Section 15. Unsafe children's products; prohibition.
32 (a) No commercial user may remanufacture, retrofit,
33 sell, contract to sell or resell, lease, sublet, or otherwise
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1 place in the stream of commerce, on or after January 1, 2000,
2 a children's product that is unsafe.
3 (b) A children's product is deemed to be unsafe for
4 purposes of this Act if it meets any of the following
5 criteria:
6 (1) It does not conform to all federal laws and
7 regulations setting forth standards for the children's
8 product.
9 (2) It has been recalled for any reason by its
10 manufacturer, distributor, or importer.
11 (3) An agency of the federal government has issued
12 an order, notice, or other announcement of any kind
13 specifically advising against its use and the order,
14 notice, or other announcement has not been rescinded.
15 The Department of Public Health shall create, maintain,
16 and update a comprehensive list of children's products that
17 have been identified as meeting any of the criteria set forth
18 in subdivisions (1) through (3) of this subsection (b). The
19 Department of Public Health shall make the comprehensive list
20 available to the public at no cost and shall post it on the
21 Internet, and encourage links.
22 (c) A crib is presumed to be unsafe for purposes of this
23 Act if it does not conform to the standards endorsed or
24 established by the Consumer Product Safety Commission,
25 including but not limited to Title 16 of the Code of Federal
26 Regulations and the American Society for Testing and
27 Materials, as follows:
28 (1) Part 1508 of Title 16 of the Code of Federal
29 Regulations and any regulations adopted to amend or
30 supplement the regulations.
31 (2) Part 1509 of Title 16 of the Code of Federal
32 Regulations and any regulations adopted to amend or
33 supplement the regulations.
34 (3) Part 1303 of Title 16 of the Code of Federal
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1 Regulations and any regulations adopted to amend or
2 supplement the regulations.
3 (4) The following standards and specifications of
4 the American Society for Testing Materials for corner
5 posts of baby cribs and structural integrity of baby
6 cribs:
7 (A) ASTM F 966-90 (cornerpost standard).
8 (B) ASTM F 1169-88 (structural integrity of
9 full-size baby cribs).
10 (C) ASTM F 1822-97 (non-full-size cribs).
11 (d) Cribs that are unsafe shall include, but not be
12 limited to, cribs that have any of the following dangerous
13 features or characteristics:
14 (1) Corner posts that extend more than
15 one-sixteenth of an inch.
16 (2) Spaces between side slats more than 2.375
17 inches.
18 (3) Mattress support that can be easily dislodged
19 from any point of the crib. A mattress segment can be
20 easily dislodged if it cannot withstand at least a
21 25-pound upward force from underneath the crib.
22 (4) Cutout designs on the end panels.
23 (5) Rail height dimensions that do not conform to
24 both of the following:
25 (A) The height of the rail and end panel as
26 measured from the top of the rail or panel in its
27 lowest position to the top of the mattress support
28 in its highest position is at least 9 inches.
29 (B) The height of the rail and end panel as
30 measured from the top of the rail or panel in its
31 highest position to the top of the mattress support
32 in its lowest position is at least 26 inches.
33 (6) Any screws, bolts, or hardware that are loose
34 and not secured.
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1 (7) Sharp edges, points, or rough surfaces, or any
2 wood surfaces that are not smooth and free from
3 splinters, splits, or cracks.
4 (8) Tears in mesh or fabric sides in a
5 non-full-size crib.
6 (9) A non-full-size crib that folds in a "V" shape
7 design does not have top rails that automatically lock
8 into place when the crib is fully set up.
9 (10) The mattress pad in a non-full-size
10 mesh/fabric crib exceeds one inch.
11 (e) The retrofit of a recalled children's product may be
12 allowed if the retrofit has been approved by the Consumer
13 Product Safety Commission or the National Highway
14 Transportation and Safety Administration. A retrofitted
15 children's product is exempt from the provisions of this Act
16 if it is accompanied at the time of selling, leasing,
17 subletting, or otherwise placing in the stream of commerce by
18 a notice declaring that it is safe to use for a child under 6
19 years of age. The notice shall include: (1) a description of
20 the original problem which made the recalled product unsafe;
21 (2) a description of the retrofit which explains how the
22 original problem was eliminated and declaring that it is now
23 safe to use for a child under 6 years of age; and (3) the
24 name and address of the commercial user who accomplished the
25 retrofit certifying that the work was done along with the
26 name and model number of the product retrofitted. The
27 commercial user shall be responsible for ensuring that the
28 notice is present with the retrofitted product at the time of
29 sale.
30 Section 20. Exception. The commercial user shall not be
31 found noncompliant if the specific recalled product sold was
32 not included on the Department of Public Health's list on the
33 day before the sale.
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1 Section 25. Penalty. A commercial user who willfully
2 and knowingly violates Section 15 is guilty of a Class C
3 misdemeanor.
4 Section 30. Civil actions. Any person may maintain an
5 action against any commercial user who violates Section 15 to
6 enjoin the remanufacture, retrofitting, sale, contract to
7 sell, contract to resell, lease, or subletting of an unsafe
8 children's product, and for reasonable attorney's fees and
9 costs.
10 Section 35. Remedies. Remedies available under this Act
11 are in addition to any other remedies or procedures under any
12 other provision of law that may be available to an aggrieved
13 party.
14 Section 900. The Child Care Act of 1969 is amended by
15 adding Section 5.2 and changing Section 8 as follows:
16 (225 ILCS 10/5.2 new)
17 Sec. 5.2. Unsafe children's products.
18 (a) A child care facility may not use or have on the
19 premises, on or after July 1, 2000, an unsafe children's
20 product as described in Section 15 of the Children's Product
21 Safety Act. This subsection (a) does not apply to an antique
22 or collectible children's product if it is not used by, or
23 accessible to, any child in the child care facility.
24 (b) The Department of Children and Family Services shall
25 notify child care facilities, on an ongoing basis, of the
26 provisions of this Section and the Children's Product Safety
27 Act and of unsafe children's products, as determined in
28 accordance with that Act, in plain, non-technical language
29 that will enable each child care facility to effectively
30 inspect children's products and identify unsafe children's
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1 products. The Department of Children and Family Services
2 shall adopt rules to carry out this Section.
3 (225 ILCS 10/8) (from Ch. 23, par. 2218)
4 Sec. 8. The Department may revoke or refuse to renew the
5 license of any child care facility or refuse to issue full
6 license to the holder of a permit should the licensee or
7 holder of a permit:
8 (1) fail to maintain standards prescribed and published
9 by the Department;
10 (2) violate any of the provisions of the license issued;
11 (3) furnish or make any misleading or any false
12 statement or report to the Department;
13 (4) refuse to submit to the Department any reports or
14 refuse to make available to the Department any records
15 required by the Department in making investigation of the
16 facility for licensing purposes;
17 (5) fail or refuse to submit to an investigation by the
18 Department;
19 (6) fail or refuse to admit authorized representatives
20 of the Department at any reasonable time for the purpose of
21 investigation;
22 (7) fail to provide, maintain, equip and keep in safe
23 and sanitary condition premises established or used for child
24 care as required under standards prescribed by the
25 Department, or as otherwise required by any law, regulation
26 or ordinance applicable to the location of such facility;
27 (8) refuse to display its license or permit;
28 (9) be the subject of an indicated report under Section
29 3 of the "Abused and Neglected Child Reporting Act" or fail
30 to discharge or sever affiliation with the child care
31 facility of an employee or volunteer at the facility with
32 direct contact with children who is the subject of an
33 indicated report under Section 3 of that Act;
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1 (10) fail to comply with the provisions of Section 7.1;
2 (11) fail to exercise reasonable care in the hiring,
3 training and supervision of facility personnel;
4 (12) fail to report suspected abuse or neglect of
5 children within the facility, as required by the Abused and
6 Neglected Child Reporting Act;
7 (13) fail to comply with Section 5.1 or 5.2. of this
8 Act; or
9 (14) be identified in an investigation by the Department
10 as an addict or alcoholic, as defined in the Alcoholism and
11 Other Drug Abuse and Dependency Act, or be a person whom the
12 Department knows has abused alcohol or drugs, and has not
13 successfully participated in treatment, self-help groups or
14 other suitable activities, and the Department determines that
15 because of such abuse the licensee, holder of the permit, or
16 any other person directly responsible for the care and
17 welfare of the children served, does not comply with
18 standards relating to character, suitability or other
19 qualifications established under Section 7 of this Act.
20 (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)".