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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
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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 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
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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).
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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
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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
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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
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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
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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.)
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