Public Act 096-0590
 
HB0964 Enrolled LRB096 08907 KTG 19043 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children's Product Safety Act is amended by
changing Section 17 as follows:
 
    (430 ILCS 125/17)
    Sec. 17. Product recalls.
    (a) If a manufacturer, importer, wholesaler, or
distributor of children's products has placed into the stream
of commerce in Illinois a children's product for which a recall
or warning has subsequently been issued by one of those
entities or by an agency of the federal government, then the
manufacturer, importer, wholesaler, or distributor must
initiate the following steps within 24 hours after issuing or
receiving the recall or warning:
        (1) Contact all of its commercial customers, other than
    end consumers, to whom it sold, leased, sublet, or
    transferred that particular children's product in
    Illinois. This contact must include providing the recall
    notice or warning and must be made to the person designated
    by the retailer for that product.
        (2) If the manufacturer, importer, wholesaler, or
    distributor maintains a web site, the entity must place on
    the home page (or the first entry point) of its web site a
    link to recall or warning information that contains the
    specific recall notice or warning that was issued for the
    product in question. The recall or warning information must
    include a description of the product, the reason for the
    recall or warning, a picture of the product, and
    instructions on how to participate in the recall or
    warning. The information may include only the product
    recall information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies. The recall or warning
    information must allow persons to participate in the recall
    through the web site of the manufacturer, importer,
    wholesaler, or distributor.
        (3) If the manufacturer, importer, wholesaler, or
    distributor sold directly to a non-commercial consumer,
    and the consumer provided either a shipping address or
    e-mail address at the time of sale, then the manufacturer,
    importer, wholesaler, or distributor must send a notice of
    the recall or warning to the consumer at either address
    provided. The notice must include a description of the
    product, the reason for the recall or warning, and
    instructions on how to participate in the recall or
    warning. The notice may include only the product recall
    information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies.
    (b) If a retailer receives notice of a recall or warning
regarding a children's product from a manufacturer, importer,
wholesaler, or distributor, or, in the case of an involuntary
recall, from a federal agency, and if the retailer at any time
offered the product for sale in Illinois, then the retailer
must do the following:
        (1) Within 3 business days after receiving the recall
    or warning from the manufacturer, importer, wholesaler, or
    distributor by a person designated by the retailer, the
    retailer must remove the children's product from the
    shelves of its stores or program its registers to ensure
    that the item cannot be sold.
        (2) If the product was sold through the retailer's web
    site, then within 3 business days after receipt of the
    recall or warning by the person designated by the retailer,
    the retailer must remove the children's product from the
    web site or remove the ability of a consumer to purchase
    the children's product through the web site.
        (3) If an e-mail or shipping address was provided at
    the time a children's product, for which a recall or
    warning was subsequently issued, was purchased on the
    retailer's web site, the retailer must attempt to contact
    the purchaser at either address provided with the recall or
    warning information. The recall or warning information
    must include a description of the product, the reason for
    the recall or warning, and instructions on how to
    participate in the recall or warning. The information may
    include only the product recall information and may not
    include sales or marketing information on that product or
    any other product, excluding return and exchange policies.
    The retailer must comply with this paragraph (3) within 30
    days after receiving the notice of the recall or warning
    from a manufacturer, importer, wholesaler, or distributor.
        (4) Within 5 business days after receipt of the recall
    or warning by the person designated by the retailer from a
    manufacturer, importer, wholesaler, distributor, or from a
    federal agency in the case of an involuntary recall, the
    retailer must post in a prominent location in each retail
    store the recall or warning notice. The posting may be in
    an electronic format in each retail store if the retailer
    posts a physical sign in a prominent location in each
    retail store that clearly and conspicuously discloses
    where recall or warning notices are located in the retail
    store. If the recall or warning notice is not on the main
    page of any electronic display, then the electronic display
    must contain on its main page a clear and conspicuous link
    to the recall or warning notice. The link shall contain the
    words "product recall". The notice must remain posted for
    120 days unless the recall or warning notice contains a
    full-size crib, a non-full-size crib, a toddler bed, a car
    seat, a high chair, a bath seat, a play yard, a stationary
    activity center, an infant carrier, a stroller, a walker, a
    swing, a bassinet, or a cradle. For these items, the recall
    or warning notice must remain posted for 240 days This
    notice must remain posted for 120 days.
        (5) If the children's product for which a recall or
    warning was issued was sold on the retailer's web site, the
    retailer must within 5 business days post on the home page
    (or the first entry point) of its web site a link to recall
    or warning information that contains the specific recall
    notice or warning that was issued for the product in
    question. The recall or warning information must include a
    description of the product, the reason for the recall or
    warning, a picture of the product (if one was provided),
    and instructions on how to participate in the recall or
    warning. The information may include only the product
    recall information and may not include sales or marketing
    information on that product or any other product, excluding
    return and exchange policies.
    (c) Within 5 business days after a recalled children's
product is placed on the Department of Public Health's
comprehensive list maintained under Section 15, a retailer who
is not a first seller must comply with subsection (b) of
Section 17, except that such a retailer has 5 business days to
comply with both subdivision (b)(1) and subdivision (b)(2) of
Section 17.
    (d) A manufacturer, importer, wholesaler, or distributor
who is also a retailer must comply with both subsection (a) and
subsection (b) of Section 17, except that a manufacturer,
importer, wholesaler, or distributor who is also a retailer
must, within 24 hours after issuing or receiving the recall or
warning, post on the home page (or the first entry point) of
its web site a link to recall or warning information that
contains the specific recall notice or warning that was issued
for the product in question.
(Source: P.A. 94-11, eff. 6-8-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009