§ 2470b - Unsafe children's products; prohibition
§ 2470b. Unsafe children's products; prohibition
(a) A children's product is deemed to be unsafe for purposes of this subchapter if it meets any of the following criteria:
(1) It does not conform to all federal laws and regulations setting forth standards for the children's product, including standards endorsed or established by the federal Consumer Product Safety Commission and the American Society for Testing and Materials.
(2) It has been recalled for any reason by an agency of the federal government or the product's manufacturer, distributor, or importer, and the recall has not been rescinded.
(3) An agency of the federal government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded.
(b) The department of health shall create or adopt by reference, and shall maintain and update, a comprehensive list of children's products that it has identified as meeting any of the criteria set forth in subdivisions (a)(1) through (3) of this section. The department of health shall make the comprehensive list available to the public at no cost, and shall post it on its internet website. The department shall also encourage links to and from state, federal, and private internet websites that describe children's product standards, provide information on children or children's products, or advertise or sell children's products.
(c) It shall be an unfair or deceptive act or practice in commerce and a violation of section 2453 of this title, subject to enforcement and subject to the rights and remedies provided by subchapter 1 of this chapter, for a seller or lessor to remanufacture or retrofit (unless in compliance with the provisions of subsection (d) of this section), or for a seller or lessor to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2002, a children's product that appears on the list of children's products created and maintained under subsection (b) of this section.
(d)(1) A listed children's product may be retrofitted if the retrofit has been approved or sanctioned by the agency of the federal government issuing the recall or warning or the agency responsible for approving the retrofit, if different from the agency issuing the recall or warning. A retrofitted children's product may be sold or leased if it is accompanied at the time of sale or lease by a notice containing:
(A) a description of the original problem which made the recalled product unsafe;
(B) a description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six years of age; and
(C) the name and address of the person who accomplished the retrofit.
(2) The seller or lessor is responsible for ensuring that the notice is present with the retrofitted product at the time of sale or lease. A retrofit is exempt from the provisions of this subchapter if:
(A) the retrofit is for a children's product that requires assembly by the consumer, the approved retrofit is provided with the product by the seller or lessor, and the retrofit is accompanied at the time of sale or lease by instructions explaining how to apply the retrofit; or
(B) the seller or lessor of a previously unsold or unleased product accomplishes the repair, approved or recommended by an agency of the federal government, prior to sale or lease.
(e) It shall be an unfair or deceptive act or practice in commerce and a violation of section 2453 of this title, subject to enforcement and subject to the rights and remedies provided by subchapter 1 of this chapter, for a person to manufacture, and to sell, contract to sell, resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2002, a children's product that does not conform to all federal laws and regulations setting forth standards for the children's product, including standards endorsed or established by the federal Consumer Product Safety Commission and the American Society for Testing and Materials.
(f) At least annually, the department of health shall notify day care facilities and family child care homes licensed or registered under chapter 35 of Title 33 of the list of children's products created and maintained under subsection (b) of this section.
(g) At least annually, the department of health shall notify pediatricians licensed under chapter 23 of Title 26 of the list of children's products created and maintained under subsection (b) of this section. (Added 2001, No. 42, § 3; amended 2005, No. 174 (Adj. Sess.), § 14.)