Public Act 096-0590
 		





HB0964 Enrolled
LRB096 08907 KTG 19043 b






    AN ACT concerning safety.

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




 
    Section 5. The Children's Product Safety Act is amended  by 
changing Section 17 as follows:
 
    (430 ILCS 125/17)
    Sec. 17. Product recalls.
    (a) If a manufacturer, importer, wholesaler, or 
distributor of children's products has placed into the stream 
of commerce in Illinois a children's product for which a recall 
or warning has subsequently been issued by one of those 
entities or by an agency of the federal government, then the 
manufacturer, importer, wholesaler, or distributor must 
initiate the following steps within 24 hours after issuing or 
receiving the recall or warning:
        (1) Contact all of its commercial customers, other than 
    end consumers, to whom it sold, leased, sublet, or 
    transferred that particular children's product in 
    Illinois.  This contact must include providing the recall 
    notice or warning and must be made to the person designated 
    by the retailer for that product.
        (2) If the manufacturer, importer, wholesaler, or 
    distributor maintains a web site, the entity must place on 
    the home page (or the first entry point) of its web site a 
    link to recall or warning information that contains the 
    specific recall notice or warning that was issued for the 
    product in question.  The recall or warning information must 
    include a description of the product, the reason for the 
    recall or warning, a picture of the product, and 
    instructions on how to participate in the recall or 
    warning.  The information may include only the product 
    recall information and may not include sales or marketing 
    information on that product or any other product, excluding 
    return and exchange policies.  The recall or warning 
    information must allow persons to participate in the recall 
    through the web site of the manufacturer, importer, 
    wholesaler, or distributor.
        (3) If the manufacturer, importer, wholesaler, or 
    distributor sold directly to a non-commercial consumer, 
    and the consumer provided either a shipping address or 
    e-mail address at the time of sale, then the manufacturer, 
    importer, wholesaler, or distributor must send a notice of 
    the recall or warning to the consumer at either address 
    provided.  The notice must include a description of the 
    product, the reason for the recall or warning, and 
    instructions on how to participate in the recall or 
    warning.  The notice may include only the product recall 
    information and may not include sales or marketing 
    information on that product or any other product, excluding 
    return and exchange policies.
    (b) If a  retailer receives notice of a recall or warning 
regarding a children's product from a manufacturer, importer, 
wholesaler, or distributor, or, in the case of an involuntary 
recall, from a federal agency, and if the retailer at any time 
offered the product for sale in Illinois, then the retailer 
must do the following:
        (1) Within 3 business days after receiving the recall 
    or warning from the manufacturer, importer, wholesaler, or 
    distributor by a person designated by the retailer, the 
    retailer must remove the children's product from the 
    shelves of its stores or program its registers to ensure 
    that the item cannot be sold.
        (2) If the product was sold through the retailer's web 
    site, then within 3 business days after receipt of the 
    recall or warning by the person designated by the retailer, 
    the retailer must remove the children's product from the 
    web site or remove the ability of a consumer to purchase 
    the children's product through the web site.
        (3) If an e-mail or shipping address was provided at 
    the time a children's product, for which a recall or 
    warning was subsequently issued, was purchased on the 
    retailer's web site, the retailer must attempt to contact 
    the purchaser at either address provided with the recall or 
    warning information.  The recall or warning information 
    must include a description of the product, the reason for 
    the recall or warning, and instructions on how to 
    participate in the recall or warning.  The information may 
    include only the product recall information and may not 
    include sales or marketing information on that product or 
    any other product, excluding return and exchange policies.  
    The retailer must comply with this paragraph (3) within 30 
    days after receiving the notice of the recall or warning 
    from a manufacturer, importer, wholesaler, or distributor.
        (4)
Within 5 business days after receipt of the recall 
    or warning by the person designated by the retailer from a 
    manufacturer, importer, wholesaler, distributor, or from a 
    federal agency in the case of an involuntary recall, the 
    retailer must post in a prominent location in each retail 
    store the recall or warning notice.   The posting may be in 
    an electronic format in each retail store if the retailer 
    posts a physical sign in a prominent location in each 
    retail store that clearly and conspicuously discloses 
    where recall or warning notices are located in the retail 
    store. If the recall or warning notice is not on the main 
    page of any electronic display, then the electronic display 
    must contain on its main page a clear and conspicuous link 
    to the recall or warning notice. The link shall contain the 
    words "product recall". The notice must remain posted for 
    120 days unless the recall or warning notice contains a 
    full-size crib, a non-full-size crib, a toddler bed, a car 
    seat, a high chair, a bath seat, a play yard, a stationary 
    activity center, an infant carrier, a stroller, a walker, a 
    swing, a bassinet, or a cradle. For these items, the recall 
    or warning notice must remain posted for 240 days This 
    notice must remain posted for 120 days.
        (5) If the children's product for which a recall or 
    warning was issued was sold on the retailer's web site, the 
    retailer must within 5 business days post on the home page 
    (or the first entry point) of its web site a link to recall 
    or warning information that contains the specific recall 
    notice or warning that was issued for the product in 
    question.  The recall or warning information must include a 
    description of the product, the reason for the recall or 
    warning, a picture of the product (if one was provided), 
    and instructions on how to participate in the recall or 
    warning.  The information may include only the product 
    recall information and may not include sales or marketing 
    information on that product or any other product, excluding 
    return and exchange policies.
    (c) Within 5 business days after a recalled children's 
product is placed on the Department of Public Health's 
comprehensive list maintained under Section 15, a retailer who 
is not a first seller must comply with subsection (b) of 
Section 17, except that such a retailer has 5 business days to 
comply with both subdivision (b)(1) and subdivision (b)(2) of 
Section 17.
    (d) A manufacturer, importer, wholesaler, or distributor 
who is also a retailer must comply with both subsection (a) and 
subsection (b) of Section 17, except that a manufacturer, 
importer, wholesaler, or distributor who is also a retailer 
must, within 24 hours after issuing or receiving the recall or 
warning, post on the home page (or the first entry point) of 
its web site a link to recall or warning information that 
contains the specific recall notice or warning that was issued 
for the product in question.

(Source: P.A. 94-11, eff. 6-8-05.)
 

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