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Public Act 103-0044
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| HB3363 Enrolled | LRB103 24984 AMQ 51318 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by |
changing Section 5.2 as follows:
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(225 ILCS 10/5.2)
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Sec. 5.2. Unsafe children's products.
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(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.
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(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
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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.
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(Source: P.A. 98-82, eff. 7-15-13.)
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Section 10. The Children's Product Safety Act is amended |
by changing Section 10 as follows:
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(430 ILCS 125/10)
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Sec. 10. Definitions. In this Act:
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(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:
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(i) the product is designed or intended for the care |
of, or use by,
any child under age 12 9; and
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(ii) the product is designed or intended to come into |
contact with the
child while the product is used.
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Notwithstanding any other provision of this Section, a |
product is not a
"children's product" for purposes of this Act |
if:
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(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
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child; or
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(II) it is a medication, drug, or food or is intended |
to be ingested.
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(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 |
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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.
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(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.
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(d) "Infant" means any person less than 35 inches tall and
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less than 3 years of age.
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(e) "Crib" means a bed or containment designed to |
accommodate
an infant.
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(f) "Full-size crib" means a full-size crib as defined in
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Section 1508.3 of Title 16 of the Code of Federal Regulations
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regarding the requirements for full-size cribs.
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(g) "Non-full-size crib" means a non-full-size crib as
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defined in Section 1509.2 of Title 16 of the Code of Federal
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Regulations regarding the requirements for non-full-size |
cribs.
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(h) "End consumer" means a person who purchases a |
children's product for any purpose other than resale.
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(Source: P.A. 94-11, eff. 6-8-05.)
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