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| [ House Amendment 001 ] |
91_HB0485ham003
LRB9100071WHdvam03
1 AMENDMENT TO HOUSE BILL 485
2 AMENDMENT NO. . Amend House Bill 485, AS AMENDED,
3 with reference to page and line numbers of House Amendment
4 No. 1, on page 3, by replacing lines 9 through 14 with the
5 following:
6 "(2) It has been recalled for any reason by an
7 agency of the federal government or the product's
8 manufacturer, distributor, or importer and the recall has
9 not been rescinded.
10 (3) An agency of the federal government has issued
11 a warning that a specific product's intended use
12 constitutes a safety hazard and the warning has not been
13 rescinded."; and
14 on page 5, by replacing lines 11 through 29 with the
15 following:
16 "(e) An unsafe children's product, as determined
17 pursuant to subdivisions (1), (2), and (3) of subsection (b)
18 of this Section 15, may be retrofitted if the retrofit has
19 been approved by the agency of the federal government issuing
20 the recall or warning or the agency responsible for approving
21 the retrofit is different from the agency issuing the recall
22 or warning. A retrofitted children's product may be sold if
23 it is accompanied at the time of sale by a notice declaring
-2- LRB9100071WHdvam03
1 that it is safe to use for a child under 6 years of age. The
2 notice shall include: (1) a description of the original
3 problem which made the recalled product unsafe; (2) a
4 description of the retrofit which explains how the original
5 problem was eliminated and declaring that it is now safe to
6 use for a child under 6 years of age; and (3) the name and
7 address of the commercial user who accomplished the retrofit
8 certifying that the work was done along with the name and
9 model number of the product retrofitted. The commercial user
10 is responsible for ensuring that the notice is present with
11 the retrofitted product at the time of sale. A retrofit is
12 exempt from this Act if:
13 (i) the retrofit is for a children's product that
14 requires assembly by the consumer, the approved retrofit
15 is provided with the product by the commercial user, and
16 the retrofit is accompanied at the time of sale by
17 instructions explaining how to apply the retrofit; or
18 (ii) the seller of a previously unsold product
19 accomplishes the repair, approved or recommended by an
20 agency of the federal government, prior to sale."; and
21 on page 6, by replacing lines 4 through 9 with the following:
22 "Section 30. Enforcement. The Attorney General, or a
23 State's Attorney in the county in which a violation of this
24 Act occurred, may bring an action in the name of the People
25 of the State of Illinois to enforce the provisions of this
26 Act.".