Full Text of HB3540 94th General Assembly
HB3540 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3540
Introduced 2/23/2005, by Rep. Eileen Lyons SYNOPSIS AS INTRODUCED: |
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Amends the Children's Product Safety Act. Provides that the Department of Public Health shall be responsible for posting recall announcements and other information regarding the safety of children's products disseminated on the Internet. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3540 |
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LRB094 09110 RXD 39339 b |
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| AN ACT concerning safety.
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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 Children's Product Safety Act is amended by | 5 |
| changing Section 15 as follows:
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| (430 ILCS 125/15)
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| Sec. 15. Unsafe children's products; prohibition.
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| (a) No commercial user may remanufacture, retrofit, sell, | 9 |
| contract to sell
or resell, lease, sublet, or otherwise place | 10 |
| in the stream of commerce, on or
after January 1, 2000, a | 11 |
| children's product that is unsafe.
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| (b) A children's product is deemed to be unsafe for | 13 |
| purposes of this Act
if it meets any of the following criteria:
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| (1) It does not conform to all federal laws and | 15 |
| regulations
setting forth standards for the children's | 16 |
| product.
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| (2) It has been recalled for any reason by an agency of | 18 |
| the federal
government or the product's manufacturer, | 19 |
| distributor, or importer and the
recall has not been | 20 |
| rescinded.
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| (3) An agency of the federal government has issued a | 22 |
| warning that a
specific
product's intended use constitutes | 23 |
| a safety hazard and the warning has not been
rescinded.
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| The Department of Public Health shall create, maintain, and | 25 |
| update a
comprehensive list of children's products that have | 26 |
| been identified as meeting
any of the
criteria set forth in | 27 |
| subdivisions (1) through (3) of this subsection (b). The
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| Department of Public Health shall make the comprehensive list | 29 |
| available to the
public at no cost and shall post it on the | 30 |
| Internet, and encourage links. The Department is also | 31 |
| responsible for posting recall announcements and other | 32 |
| information regarding the safety of children's products |
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HB3540 |
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LRB094 09110 RXD 39339 b |
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| disseminated on the Internet.
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| (c) A crib is presumed to be unsafe for purposes of this | 3 |
| Act if it does not
conform to the standards endorsed or | 4 |
| established by the Consumer Product Safety
Commission, | 5 |
| including but not limited to Title 16 of the Code of Federal
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| Regulations and the American Society for Testing and Materials, | 7 |
| as follows:
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| (1) Part 1508 of Title 16 of
the Code of Federal | 9 |
| Regulations and any regulations adopted to amend or
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| supplement the regulations.
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| (2) Part 1509 of Title 16 of
the Code of Federal | 12 |
| Regulations and any regulations adopted to amend or
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| supplement the regulations.
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| (3) Part 1303 of Title 16 of the Code of Federal | 15 |
| Regulations and any
regulations adopted to amend or
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| supplement the regulations.
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| (4) The following standards and specifications of the | 18 |
| American Society for
Testing Materials for corner posts of | 19 |
| baby cribs and structural integrity of
baby cribs:
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| (A) ASTM F 966-90 (corner post standard).
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| (B) ASTM F 1169-88 (structural integrity of | 22 |
| full-size baby cribs).
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| (C) ASTM F 1822-97 (non-full-size cribs).
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| (d) Cribs that are unsafe shall
include, but not be limited | 25 |
| to, cribs that have any of the following dangerous
features or | 26 |
| characteristics:
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| (1) Corner posts that extend more than one-sixteenth of | 28 |
| an
inch.
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| (2) Spaces between side slats more than 2.375
inches.
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| (3) Mattress support that can be easily dislodged from | 31 |
| any
point of the crib. A mattress segment can be easily | 32 |
| dislodged
if it cannot withstand at least a 25-pound upward | 33 |
| force from
underneath the crib.
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| (4) Cutout designs on the end panels.
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| (5) Rail height dimensions that do not conform to both | 36 |
| of the
following:
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LRB094 09110 RXD 39339 b |
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| (A) The height of the rail and end panel as | 2 |
| measured from the
top of the rail or panel in its | 3 |
| lowest position to the top of
the mattress support in | 4 |
| its highest position is at least 9 inches.
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| (B) The height of the rail and end panel as | 6 |
| measured from the
top of the rail or panel in its | 7 |
| highest position to the top of
the mattress support in | 8 |
| its lowest position is at least 26 inches.
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| (6) Any screws, bolts, or hardware that are loose and | 10 |
| not
secured.
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| (7) Sharp edges, points, or rough surfaces, or any wood
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| surfaces that are not smooth and free from splinters, | 13 |
| splits, or
cracks.
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| (8) Tears in mesh or fabric sides in a non-full-size | 15 |
| crib.
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| (9) A non-full-size crib that folds in a "V" shape | 17 |
| design does not have
top rails that automatically lock into | 18 |
| place when the crib is fully set up.
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| (10) The mattress pad in a non-full-size mesh/fabric | 20 |
| crib exceeds one
inch.
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| (e) An unsafe children's product, as determined pursuant to | 22 |
| subdivisions
(1), (2), and (3) of subsection (b) of this | 23 |
| Section 15, may be retrofitted if
the retrofit has been | 24 |
| approved by the agency of the federal government issuing
the | 25 |
| recall or warning or the agency responsible for approving the | 26 |
| retrofit is
different from the agency issuing the recall or | 27 |
| warning. A retrofitted
children's product may be sold if it is | 28 |
| accompanied at the time of sale by a
notice declaring that it | 29 |
| is safe to use for a child under 6 years of age. The
notice | 30 |
| shall include: (1) a description of the original problem which | 31 |
| made the
recalled product unsafe; (2) a description of the | 32 |
| retrofit which explains how
the original problem was eliminated | 33 |
| and declaring that it is now safe to use
for a child under 6 | 34 |
| years of age; and (3) the name and address of the
commercial | 35 |
| user who accomplished the retrofit certifying that the work was | 36 |
| done
along with the name and model number of the product |
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| retrofitted. The commercial
user is responsible for ensuring | 2 |
| that the notice is present with the
retrofitted product at the | 3 |
| time of sale. A retrofit is exempt from this Act if:
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| (i) the retrofit is for a children's product that | 5 |
| requires assembly by the
consumer, the approved retrofit is | 6 |
| provided with the product by the
commercial user, and the | 7 |
| retrofit is accompanied at the time of sale
by instructions | 8 |
| explaining how to apply the retrofit; or
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| (ii) the seller of a previously unsold product | 10 |
| accomplishes the repair,
approved or recommended by an | 11 |
| agency of the federal government, prior to
sale.
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| (Source: P.A. 91-413, eff. 1-1-00.)
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