§ 23-75-3 - Unsafe children's products – Prohibition.
SECTION 23-75-3
§ 23-75-3 Unsafe children's products– Prohibition. – (a) No commercial user may remanufacture, retrofit, sell, contract to sell orresell, lease, sublet, or otherwise place in the stream of commerce, on orafter January 1, 2004, a children's product that is unsafe.
(b) A children's product is deemed to be unsafe for purposesof this chapter if it meets any of the following criteria:
(1) It does not conform to all federal laws and regulationssetting forth standards for the children's product.
(2) It has been recalled for any reason by an agency of thefederal government or the product's manufacturer, distributor, or importer andthe recall has not been rescinded.
(3) An agency of the federal government has issued a warningthat a specific product's intended use constitutes a safety hazard and thewarning has not been rescinded.
(c) A crib is presumed to be unsafe for purposes of thischapter if it does not conform to the standards endorsed or established by theConsumer Product Safety Commission, including, but not limited to, title 16 ofthe Code of Federal Regulations and the American Society for Testing andMaterials, as follows:
(1) 16 CFR Part 1508 and any regulations adopted to amend orsupplement the regulations.
(2) 16 CFR Part 1509 and any regulations adopted to amend orsupplement the regulations.
(3) 16 CFR Part 1303 and any regulations adopted to amend orsupplement the regulations.
(4) The following standards and specifications of theAmerican Society for Testing Materials for corner posts of baby cribs andstructural integrity of baby cribs:
(i) ASTM F 966-90 (corner post standard).
(ii) ASTM F 1169-88 (structural integrity of full-size babycribs).
(iii) ASTM F 1822-97 (non-full-size cribs).
(d) Cribs that are unsafe shall include, but not be limitedto, cribs that have any of the following dangerous features or characteristics:
(1) Corner posts that extend more than one-sixteenth (1/16)of an inch.
(2) Spaces between side slats more than 2.375 inches.
(3) Mattress support that can be easily dislodged from anypoint of the crib. A mattress segment can be easily dislodged if it cannotwithstand at least a twenty-five (25) pound upward force from underneath thecrib.
(4) Cutout designs on the end panels.
(5) Rail height dimensions that do not conform to both of thefollowing:
(i) The height of the rail and end panel as measured from thetop of the rail or panel in its lowest position to the top of the mattresssupport in its highest position is at least nine (9) inches.
(ii) The height of the rail and end panel as measured fromthe top of the rail or panel in its highest position to the top of the mattresssupport in its lowest position is at least twenty-six (26) inches.
(6) Any screws, bolts, or hardware that are loose and notsecured.
(7) Sharp edges, points, or rough surfaces, or any woodsurfaces that are not smooth and free from splinters, splits, or cracks.
(8) Tears in mesh or fabric sides in a non-full-size crib.
(9) A non-full-size crib that folds in a "V" shape designdoes not have top rails that automatically lock into place when the crib isfully set up.
(10) The mattress pad in a non-full-size mesh abric cribexceeds one inch (1").