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91_HB0485enr 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 HB0485 Enrolled -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 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.)