Public Act 103-0044
 
HB3363 EnrolledLRB103 24984 AMQ 51318 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Child Care Act of 1969 is amended  by 
changing Section 5.2 as follows:
 



    (225 ILCS 10/5.2)



    Sec. 5.2. Unsafe children's products. 

    (a) A child care facility may not use or have on the 
premises, on or after
July 1, 2000, an unsafe children's 
product as described in Section 15 of the
Children's Product 
Safety Act.  This subsection (a) does not apply to an
antique or 
collectible children's product if it is not used by, or 
accessible
to, any child in the child care facility.

    (b) The Department of Children and Family Services shall 
notify child
care facilities, on an ongoing basis, including 
during the license application facility examination and during 
annual license monitoring visits, of the provisions of this 
Section and the
Children's Product Safety Act and of the 
comprehensive list of unsafe children's products as provided 
and maintained by the Department of Public Health available on 
the Internet, as determined
in accordance with that Act, in 
plain, non-technical language that will enable
each child care 
facility to effectively inspect children's products and

identify unsafe children's products. Subject to availability 
of appropriations, the Department of Children and Family 
Services, in accordance with the requirements of this Section, 
shall establish and maintain a database on the safety of 
consumer products and other products or substances regulated 
by the Department that is: (i) publicly available; (ii) 
searchable; and (iii) accessible through the Internet website 
of the Department. The Department of Children and Family 
Services shall adopt rules to maintain data on child care 
facilities without Internet access and shall ensure the child 
care facilities without Internet access register for available 
mailing lists of pertinent recalls distributed in paper form.  
Child care facilities must maintain all written information 
provided pursuant to this subsection in a file accessible to 
both facility staff and parents of children attending the 
facility.   Child care facilities must post in prominent 
locations regularly visited by parents written notification of 
the existence of the comprehensive list of unsafe children's 
products available on the Internet. The Department of Children 
and Family
Services shall adopt rules to carry out this 
Section.

(Source: P.A. 98-82, eff. 7-15-13.)

 
    Section 10. The Children's Product Safety Act is amended  
by changing Section 10 as follows:
 



    (430 ILCS 125/10)



    Sec. 10. Definitions. In this Act:

    (a) "Children's product" means a product, including but 
not limited to a
full-size crib, non-full-size crib, toddler 
bed, bed, car seat, chair, high
chair, booster chair, hook-on 
chair, bath seat, gate or
other enclosure for confining a 
child, play yard, stationary activity center,
carrier, 
stroller, walker, swing, or toy or play equipment,
that meets 
the following criteria:


        (i) the product is designed or intended for the care 
    of, or use by,
any child under age 12 9; and


        (ii) the product is designed or intended to come into 
    contact with the
child while the product is used.

    Notwithstanding any other provision of this Section, a 
product is not a
"children's product" for purposes of this Act 
if:


        (I) it may be used by or for the care of a child under 
    age 9,
but it is designed or intended for use by the 
    general population or segments of
the general population 
    and not solely or primarily for use by or the care of a

    child; or


        (II) it is a medication, drug, or food or is intended 
    to be ingested. 

    (b) "Commercial dealer" means any person who deals in 
children's products or
who otherwise by one's occupation holds 
oneself out as having
knowledge or skill peculiar to 
children's products, or any person who is in the
business of 
remanufacturing, retrofitting, selling, leasing,
subletting, 
or otherwise placing in the stream of commerce
children's 
products.
    (b-5)  "Manufacturer" means any person who makes and places 
into the stream of commerce a children's product as defined by 
this Act.
    (b-10)  "Importer" means any person who brings into this 
country and places into the stream of commerce a children's 
product.
    (b-15)  "Distributor" and "wholesaler" means any person, 
other than a manufacturer or retailer, who sells or resells or 
otherwise places into the stream of commerce a children's 
product.
    (b-20)  "Retailer" means any person other than a 
manufacturer, distributor, or wholesaler who sells, leases, or 
sublets children's products.
    (b-25)  "First seller" means any retailer selling a 
children's product that has not been used or has not 
previously been owned.  A first seller does not include an 
entity such as a second-hand or resale store.


    (c) "Person" means a natural person, firm, corporation, 
limited liability
company, or association, or an employee or 
agent of a natural person or an
entity included in this 
definition.

    (d) "Infant" means any person less than 35 inches tall and

less than 3 years of age.

    (e) "Crib" means a bed or containment designed to 
accommodate
an infant.

    (f) "Full-size crib" means a full-size crib as defined in

Section 1508.3 of Title 16 of the Code of Federal Regulations

regarding the requirements for full-size cribs.

    (g) "Non-full-size crib" means a non-full-size crib as

defined in Section 1509.2 of Title 16 of the Code of Federal

Regulations regarding the requirements for non-full-size 
cribs.

    (h)  "End consumer" means a person who purchases a 
children's product for any purpose other than resale.

(Source: P.A. 94-11, eff. 6-8-05.)