Full Text of HB0964 96th General Assembly
HB0964ham001 96TH GENERAL ASSEMBLY
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Rep. Robert Rita
Filed: 3/24/2009
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| AMENDMENT TO HOUSE BILL 964
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| AMENDMENT NO. ______. Amend House Bill 964 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Children's Product Safety Act is amended by | 5 |
| changing Section 17 as follows: | 6 |
| (430 ILCS 125/17) | 7 |
| Sec. 17. Product recalls. | 8 |
| (a) If a manufacturer, importer, wholesaler, or | 9 |
| distributor of children's products has placed into the stream | 10 |
| of commerce in Illinois a children's product for which a recall | 11 |
| or warning has subsequently been issued by one of those | 12 |
| entities or by an agency of the federal government, then the | 13 |
| manufacturer, importer, wholesaler, or distributor must | 14 |
| initiate the following steps within 24 hours after issuing or | 15 |
| receiving the recall or warning: | 16 |
| (1) Contact all of its commercial customers, other than |
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| end consumers, to whom it sold, leased, sublet, or | 2 |
| transferred that particular children's product in | 3 |
| Illinois. This contact must include providing the recall | 4 |
| notice or warning and must be made to the person designated | 5 |
| by the retailer for that product. | 6 |
| (2) If the manufacturer, importer, wholesaler, or | 7 |
| distributor maintains a web site, the entity must place on | 8 |
| the home page (or the first entry point) of its web site a | 9 |
| link to recall or warning information that contains the | 10 |
| specific recall notice or warning that was issued for the | 11 |
| product in question. The recall or warning information must | 12 |
| include a description of the product, the reason for the | 13 |
| recall or warning, a picture of the product, and | 14 |
| instructions on how to participate in the recall or | 15 |
| warning. The information may include only the product | 16 |
| recall information and may not include sales or marketing | 17 |
| information on that product or any other product, excluding | 18 |
| return and exchange policies. The recall or warning | 19 |
| information must allow persons to participate in the recall | 20 |
| through the web site of the manufacturer, importer, | 21 |
| wholesaler, or distributor. | 22 |
| (3) If the manufacturer, importer, wholesaler, or | 23 |
| distributor sold directly to a non-commercial consumer, | 24 |
| and the consumer provided either a shipping address or | 25 |
| e-mail address at the time of sale, then the manufacturer, | 26 |
| importer, wholesaler, or distributor must send a notice of |
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| the recall or warning to the consumer at either address | 2 |
| provided. The notice must include a description of the | 3 |
| product, the reason for the recall or warning, and | 4 |
| instructions on how to participate in the recall or | 5 |
| warning. The notice may include only the product recall | 6 |
| information and may not include sales or marketing | 7 |
| information on that product or any other product, excluding | 8 |
| return and exchange policies. | 9 |
| (b) If a retailer receives notice of a recall or warning | 10 |
| regarding a children's product from a manufacturer, importer, | 11 |
| wholesaler, or distributor, or, in the case of an involuntary | 12 |
| recall, from a federal agency, and if the retailer at any time | 13 |
| offered the product for sale in Illinois, then the retailer | 14 |
| must do the following: | 15 |
| (1) Within 3 business days after receiving the recall | 16 |
| or warning from the manufacturer, importer, wholesaler, or | 17 |
| distributor by a person designated by the retailer, the | 18 |
| retailer must remove the children's product from the | 19 |
| shelves of its stores or program its registers to ensure | 20 |
| that the item cannot be sold. | 21 |
| (2) If the product was sold through the retailer's web | 22 |
| site, then within 3 business days after receipt of the | 23 |
| recall or warning by the person designated by the retailer, | 24 |
| the retailer must remove the children's product from the | 25 |
| web site or remove the ability of a consumer to purchase | 26 |
| the children's product through the web site. |
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| (3) If an e-mail or shipping address was provided at | 2 |
| the time a children's product, for which a recall or | 3 |
| warning was subsequently issued, was purchased on the | 4 |
| retailer's web site, the retailer must attempt to contact | 5 |
| the purchaser at either address provided with the recall or | 6 |
| warning information. The recall or warning information | 7 |
| must include a description of the product, the reason for | 8 |
| the recall or warning, and instructions on how to | 9 |
| participate in the recall or warning. The information may | 10 |
| include only the product recall information and may not | 11 |
| include sales or marketing information on that product or | 12 |
| any other product, excluding return and exchange policies. | 13 |
| The retailer must comply with this paragraph (3) within 30 | 14 |
| days after receiving the notice of the recall or warning | 15 |
| from a manufacturer, importer, wholesaler, or distributor. | 16 |
| (4)
Within 5 business days after receipt of the recall | 17 |
| or warning by the person designated by the retailer from a | 18 |
| manufacturer, importer, wholesaler, distributor, or from a | 19 |
| federal agency in the case of an involuntary recall, the | 20 |
| retailer must post in a prominent location in each retail | 21 |
| store the recall or warning notice. The posting may be in | 22 |
| an electronic format in each retail store if the retailer | 23 |
| posts a physical sign in a prominent location in each | 24 |
| retail store that clearly and conspicuously discloses | 25 |
| where recall or warning notices are located in the retail | 26 |
| store. If the recall or warning notice is not on the main |
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| page of any electronic display, then the electronic display | 2 |
| must contain on its main page a clear and conspicuous link | 3 |
| to the recall or warning notice. The link shall contain the | 4 |
| words "product recall". The notice must remain posted for | 5 |
| 120 days unless the recall or warning notice contains a | 6 |
| full-size crib, a non-full-size crib, a toddler bed, a car | 7 |
| seat, a high chair, a bath seat, a play yard, a stationary | 8 |
| activity center, an infant carrier, a stroller, a walker, a | 9 |
| swing, a bassinet, or a cradle. For these items, the recall | 10 |
| or warning notice must remain posted for 240 days This | 11 |
| notice must remain posted for 120 days . | 12 |
| (5) If the children's product for which a recall or | 13 |
| warning was issued was sold on the retailer's web site, the | 14 |
| retailer must within 5 business days post on the home page | 15 |
| (or the first entry point) of its web site a link to recall | 16 |
| or warning information that contains the specific recall | 17 |
| notice or warning that was issued for the product in | 18 |
| question. The recall or warning information must include a | 19 |
| description of the product, the reason for the recall or | 20 |
| warning, a picture of the product (if one was provided), | 21 |
| and instructions on how to participate in the recall or | 22 |
| warning. The information may include only the product | 23 |
| recall information and may not include sales or marketing | 24 |
| information on that product or any other product, excluding | 25 |
| return and exchange policies. | 26 |
| (c) Within 5 business days after a recalled children's |
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| product is placed on the Department of Public Health's | 2 |
| comprehensive list maintained under Section 15, a retailer who | 3 |
| is not a first seller must comply with subsection (b) of | 4 |
| Section 17, except that such a retailer has 5 business days to | 5 |
| comply with both subdivision (b)(1) and subdivision (b)(2) of | 6 |
| Section 17. | 7 |
| (d) A manufacturer, importer, wholesaler, or distributor | 8 |
| who is also a retailer must comply with both subsection (a) and | 9 |
| subsection (b) of Section 17, except that a manufacturer, | 10 |
| importer, wholesaler, or distributor who is also a retailer | 11 |
| must, within 24 hours after issuing or receiving the recall or | 12 |
| warning, post on the home page (or the first entry point) of | 13 |
| its web site a link to recall or warning information that | 14 |
| contains the specific recall notice or warning that was issued | 15 |
| for the product in question.
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| (Source: P.A. 94-11, eff. 6-8-05.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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