§ 23-75-6 - Retrofits.
SECTION 23-75-6
§ 23-75-6 Retrofits. – (a) An unsafe children's product, as determined pursuant to § 23-75-3, maybe retrofitted if the retrofit has been approved by the agency of the federalgovernment issuing the recall or warning or the agency responsible forapproving the retrofit is different from the agency issuing the recall orwarning. A retrofitted children's product may be sold if it is accompanied atthe time of sale by a notice declaring that it is safe to use for a child undersix (6) years of age. The commercial user is responsible for ensuring that thenotice is present with the retrofitted product at the time of sale. The noticeshall include:
(1) A description of the original problem which made therecalled product unsafe;
(2) A description of the retrofit which explains how theoriginal problem was eliminated and declaring that it is now safe to use for achild under six (6) years of age;
(3) The name and address of the commercial user whoaccomplished the retrofit certifying that the work was done along with the nameand model number of the product retrofitted.
(b) A retrofit is exempt from this chapter if:
(1) The retrofit is for a children's product that requiresassembly by the consumer, the approved retrofit is provided with the product bythe commercial user, and the retrofit is accompanied at the time of sale byinstructions explaining how to apply the retrofit; or
(2) The seller of a previously unsold product accomplishesthe repair, approved or recommended by an agency of the federal government,prior to sale.