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91_SB0495
LRB9100025WHdvD
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 the Illinois Department of Public
29 Health has determined that it meets any of the following
30 criteria:
31 (1) It does not conform to all federal laws and
32 regulations and Illinois laws and rules setting forth
33 standards for the children's product.
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1 (2) It has been recalled for any reason by its
2 manufacturer, distributor, or importer.
3 (3) An agency of the federal government or the
4 State of Illinois has issued an order, notice, or other
5 announcement of any kind advising against its use and the
6 order, notice, or other announcement has not been
7 rescinded.
8 The Department of Public Health shall maintain and update
9 a list of children's products that it has identified as
10 meeting any of the criteria set forth in subdivisions (1)
11 through (3) of this subsection (b). The Department of Public
12 Health shall make the list available to the public and shall
13 post it on the Internet.
14 (c) A crib is presumed to be unsafe for purposes of this
15 Act if it does not conform to all of the following:
16 (1) Part 1508 of Title 16 of the Code of Federal
17 Regulations and any regulations adopted to amend or
18 supplement the regulations.
19 (2) Part 1509 of Title 16 of the Code of Federal
20 Regulations and any regulations adopted to amend or
21 supplement the regulations.
22 (3) Part 1303 of Title 16 of the Code of Federal
23 Regulations and any regulations adopted to amend or
24 supplement the regulations.
25 (4) The following standards and specifications of
26 the American Society for Testing Materials for corner
27 posts of baby cribs and structural integrity of baby
28 cribs:
29 (A) ASTM F 966-90 (cornerpost standard).
30 (B) ASTM F 1169-88 (structural integrity of
31 full-size baby cribs).
32 (C) ASTM F 1822-97 (non-full-size cribs).
33 (d) A crib is presumed to be unsafe for purposes of this
34 Act if it has any of the following dangerous features or
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1 characteristics:
2 (1) Corner posts that extend more than
3 one-sixteenth of an inch.
4 (2) Spaces between side slats more than 2.375
5 inches.
6 (3) Mattress support that can be easily dislodged
7 from any point of the crib. A mattress segment can be
8 easily dislodged if it cannot withstand at least a
9 25-pound upward force from underneath the crib.
10 (4) Cutout designs on the end panels.
11 (5) Rail height dimensions that do not conform to
12 both of the following:
13 (A) The height of the rail and end panel as
14 measured from the top of the rail or panel in its
15 lowest position to the top of the mattress support
16 in its highest position is at least 9 inches.
17 (B) The height of the rail and end panel as
18 measured from the top of the rail or panel in its
19 highest position to the top of the mattress support
20 in its lowest position is at least 26 inches.
21 (6) Any screws, bolts, or hardware that are loose
22 and not secured.
23 (7) Sharp edges, points, or rough surfaces, or any
24 wood surfaces that are not smooth and free from
25 splinters, splits, or cracks.
26 (8) Tears in mesh or fabric sides in a
27 non-full-size crib.
28 (9) A non-full-size crib that folds in a "V" shape
29 design does not have top rails that automatically lock
30 into place when the crib is fully set up.
31 (10) The mattress pad in a non-full-size
32 mesh/fabric crib exceeds one inch.
33 Section 20. Exemption. Any product that is clearly not
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1 intended for use by a child under 6 years of age is exempt
2 from the provisions of this Act if it is accompanied at the
3 time of remanufacturing, retrofitting, selling, leasing,
4 subletting, or otherwise placing in the stream of commerce,
5 by a notice to be furnished by the commercial user declaring
6 that it is not intended to be used for a child under 6 years
7 of age and is dangerous to use for a child under 6 years of
8 age. A commercial user is further exempt from claims for
9 liability resulting from use of a product contrary to the
10 notice required in this Section.
11 Section 25. Penalty. A commercial user who willfully
12 and knowingly violates Section 15 is guilty of a Class C
13 misdemeanor.
14 Section 30. Civil actions. Any person may maintain an
15 action against any commercial user who violates Section 15 to
16 enjoin the remanufacture, retrofitting, sale, contract to
17 sell, contract to resell, lease, or subletting of an unsafe
18 children's product, and for reasonable attorney's fees and
19 costs.
20 Section 35. Remedies. Remedies available under this Act
21 are in addition to any other remedies or procedures under any
22 other provision of law that may be available to an aggrieved
23 party.
24 Section 900. The Child Care Act of 1969 is amended by
25 adding Section 5.2 and changing Section 8 as follows:
26 (225 ILCS 10/5.2 new)
27 Sec. 5.2. Unsafe children's products.
28 (a) A child care facility may not use or have on the
29 premises, on or after July 1, 2000, an unsafe children's
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1 product as described in Section 15 of the Children's Product
2 Safety Act. This subsection (a) does not apply to an antique
3 or collectible children's product if it is not used by, or
4 accessible to, any child in the child care facility.
5 (b) The Department of Children and Family Services shall
6 notify child care facilities, on an ongoing basis, of the
7 provisions of this Section and the Children's Product Safety
8 Act and of unsafe children's products, as determined in
9 accordance with that Act, in plain, non-technical language
10 that will enable each child care facility to effectively
11 inspect children's products and identify unsafe children's
12 products. The Department of Children and Family Services
13 shall adopt rules to carry out this Section.
14 (225 ILCS 10/8) (from Ch. 23, par. 2218)
15 Sec. 8. The Department may revoke or refuse to renew the
16 license of any child care facility or refuse to issue full
17 license to the holder of a permit should the licensee or
18 holder of a permit:
19 (1) fail to maintain standards prescribed and published
20 by the Department;
21 (2) violate any of the provisions of the license issued;
22 (3) furnish or make any misleading or any false
23 statement or report to the Department;
24 (4) refuse to submit to the Department any reports or
25 refuse to make available to the Department any records
26 required by the Department in making investigation of the
27 facility for licensing purposes;
28 (5) fail or refuse to submit to an investigation by the
29 Department;
30 (6) fail or refuse to admit authorized representatives
31 of the Department at any reasonable time for the purpose of
32 investigation;
33 (7) fail to provide, maintain, equip and keep in safe
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1 and sanitary condition premises established or used for child
2 care as required under standards prescribed by the
3 Department, or as otherwise required by any law, regulation
4 or ordinance applicable to the location of such facility;
5 (8) refuse to display its license or permit;
6 (9) be the subject of an indicated report under Section
7 3 of the "Abused and Neglected Child Reporting Act" or fail
8 to discharge or sever affiliation with the child care
9 facility of an employee or volunteer at the facility with
10 direct contact with children who is the subject of an
11 indicated report under Section 3 of that Act;
12 (10) fail to comply with the provisions of Section 7.1;
13 (11) fail to exercise reasonable care in the hiring,
14 training and supervision of facility personnel;
15 (12) fail to report suspected abuse or neglect of
16 children within the facility, as required by the Abused and
17 Neglected Child Reporting Act;
18 (13) fail to comply with Section 5.1 or 5.2. of this
19 Act; or
20 (14) be identified in an investigation by the Department
21 as an addict or alcoholic, as defined in the Alcoholism and
22 Other Drug Abuse and Dependency Act, or be a person whom the
23 Department knows has abused alcohol or drugs, and has not
24 successfully participated in treatment, self-help groups or
25 other suitable activities, and the Department determines that
26 because of such abuse the licensee, holder of the permit, or
27 any other person directly responsible for the care and
28 welfare of the children served, does not comply with
29 standards relating to character, suitability or other
30 qualifications established under Section 7 of this Act.
31 (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)