PRINTER'S NO. 4261
No. 2823 Session of 2002
INTRODUCED BY RUBLEY, BARD, BASTIAN, BEBKO-JONES, BROWNE, BUNT,
L. I. COHEN, CORRIGAN, CREIGHTON, CRUZ, CURRY, DeLUCA,
DERMODY, J. EVANS, FLICK, FRANKEL, GEIST, GEORGE, HARHAI,
HARPER, HENNESSEY, HORSEY, JOSEPHS, KENNEY, MANN, MELIO,
MICOZZIE, PISTELLA, STABACK, STEELMAN, STURLA, TANGRETTI,
E. Z. TAYLOR, THOMAS, TURZAI, WASHINGTON, WATSON, G. WRIGHT
AND YOUNGBLOOD, AUGUST 26, 2002
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, AUGUST 26, 2002
AN ACT
1 Prohibiting the use of unsafe children's products and child-care
2 facilities from using or having on facility premises unsafe
3 children's products; prescribing powers and duties of the
4 Department of Health; providing for the enforcement of this
5 act and for the promulgation of rules to carry out the
6 provisions of this act; and prescribing penalties for
7 violations of the provisions of this act.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Children's
12 Product Safety Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Children's product." A product, including, but not limited
18 to, a full-size crib, non-full-size crib, toddler bed, bed, car
1 seat, chair, high chair, booster chair, hook-on chair, bath
2 seat, gate or other enclosure for confining a child, play yard,
3 stationary activity center, carrier, stroller, walker, swing or
4 toy or play equipment, that meets the following criteria:
5 (1) the product is designed or intended for the care of
6 or use by children under six years of age or is designed or
7 intended for the care of or use by both children under six
8 years of age and children six years of age or older; and
9 (2) the product is designed or intended to come into
10 contact with the child while the product is used.
11 (3) Notwithstanding any other provision of this
12 definition, a product is not a "children's product" for
13 purposes of this act if:
14 (i) it may be used by or for the care of a child
15 under six years of age, but it is designed or intended
16 for use by the general population or segments of the
17 general population and not solely or primarily for use by
18 or for the care of a child; or
19 (ii) it is a medication, drug or food or is intended
20 to be ingested.
21 "Commercial user." Any person who deals in children's
22 products or who otherwise by one's occupation holds oneself out
23 as having knowledge or skill peculiar to children's products or
24 any person who is in the business of remanufacturing,
25 retrofitting, selling, leasing, subletting or otherwise placing
26 in the stream or commerce children's products.
27 "Crib." A bed or containment designed to accommodate an
28 infant.
29 "Department." The Department of Health of the Commonwealth.
30 "Full-size crib." As defined in 16 CFR section 1508.3
20020H2823B4261 - 2 -
1 regarding the requirements for full-size cribs.
2 "Infant." Any person less than 35 inches tall and less than
3 three years of age.
4 "Non-full-size crib." As defined in 16 CFR section 1509.2
5 regarding the requirements for non-full-size cribs.
6 "Person." A natural person, firm, corporation, limited
7 liability company or association or an employee or agent of a
8 natural person or an entity included in this definition.
9 "Place in the stream of commerce." To sell, offer for sale,
10 give away, offer to give away, or allow the use of.
11 Section 3. Unsafe children's products - prohibition.
12 (a) Prohibition.--No commercial user may remanufacture,
13 retrofit, sell, contract to sell or resell, lease, sublet or
14 otherwise place in the stream of commerce, on or after ,
15 a children's product that is unsafe.
16 (b) Unsafe products.--A children's product is deemed to be
17 unsafe for purposes of this act if it meets any of the following
18 criteria:
19 (1) It does not conform to all Federal laws and
20 regulations setting forth standards for the children's
21 product.
22 (2) It has been recalled for any reason by an agency of
23 the Federal Government or the product's manufacturer,
24 distributor or importer and the recall has not been
25 rescinded.
26 (3) An agency of the Federal Government has issued a
27 warning that a specific product's intended use constitutes a
28 safety hazard and the warning has not been rescinded.
29 Section 4. List of unsafe children's products.
30 (a) Department of Health.--The department shall establish,
20020H2823B4261 - 3 -
1 maintain and update a comprehensive list of children's products
2 that have been identified as meeting any of the criteria set
3 forth in section 3.
4 (b) Distribution of list.--The department shall make the
5 comprehensive list available to the public at no cost and shall
6 post it on the Internet and encourage links.
7 Section 5. Unsafe children's products - child care.
8 (a) Child-care facility.--A child-care facility may not use
9 or have on the premises an unsafe children's product as
10 described in section 3. This subsection shall not apply to an
11 antique or collectible children's product if it is not used by
12 or accessible to any child in the child-care facility.
13 (b) Notifications.--The department shall notify child-care
14 facilities on an ongoing basis of the provisions of this act and
15 of unsafe children's products, as determined in accordance with
16 this act, in plain, nontechnical language that will enable each
17 child-care facility to effectively inspect children's products
18 and identify unsafe children's products.
19 (c) Rules and regulations.--The department shall adopt rules
20 and regulations to carry out this section.
21 (d) Written certifications.--Each child-care facility shall
22 as part of the licensing, licensing renewal or periodic update
23 process conducted by the department certify in writing that it
24 has reviewed each of the bulletins and notices issued by the
25 department regarding unsafe children's products and that there
26 are no unsafe products in the facility. The department shall
27 prepare a certification form and shall require each facility to
28 complete the certification form in the process of licensing,
29 renewal or periodic update. The department shall retain the
30 certification form completed by each facility in each respective
20020H2823B4261 - 4 -
1 facility's licensing file.
2 (e) Maintain file.--Each child-care facility shall maintain
3 a file containing all bulletins, notices, or both, issued by the
4 department regarding unsafe children's products and shall make
5 the file accessible to the facility staff members and to parents
6 of the children who attend the facility.
7 (f) Revocation and refusal to renew license.--The department
8 may revoke or refuse to renew the license of any child-care
9 facility or refuse to issue full license to the holder of a
10 permit should the licensee or holder of a permit not comply with
11 any section of this act.
12 Section 6. Retrofits.
13 (a) Products.--An unsafe children's product as determined
14 pursuant to section 3 may be retrofitted if the retrofit has
15 been approved by the agency of the Federal Government issuing
16 the recall or warning or the agency responsible for approving
17 the retrofit is different from the agency issuing the recall or
18 warning. A retrofitted children's product may be sold if it is
19 accompanied at the time of sale by a notice declaring that it is
20 safe to use for a child under six years of age. The commercial
21 user is responsible for ensuring that the notice is present with
22 the retrofitted product at the time of sale. The notice shall
23 include:
24 (1) A description of the original problem which made the
25 recalled product unsafe.
26 (2) A description of the retrofit which explains how the
27 original problem was eliminated and declaring that it is now
28 safe to use for a child under six years of age.
29 (3) The name and address of the commercial user who
30 accomplished the retrofit certifying that the work was done
20020H2823B4261 - 5 -
1 along with the name and model number of the product
2 retrofitted.
3 (b) Exemptions.--A retrofit is exempt from this act if:
4 (1) 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
9 (2) the seller of a previously unsold product
10 accomplishes the repair, approved or recommended by an agency
11 of the Federal Government, prior to sale.
12 Section 7. Exception.
13 The commercial user shall not be found noncompliant if the
14 specific recalled product sold was not included on the
15 department's list on the day before the sale.
16 Section 8. Penalty.
17 A commercial user who willfully and knowingly violates
18 section 3 commits a misdemeanor of the second degree.
19 Section 9. Enforcement.
20 Any person, including, but not limited to, the Attorney
21 General or a district attorney, in the county in which a
22 violation of this act occurred, may bring an action in the name
23 of the Commonwealth to enforce the provisions of this act.
24 Section 10. Remedies.
25 Remedies available under this act are in addition to any
26 other remedies or procedures under any other provision of law
27 that may be available to an aggrieved party.
28 Section 11. Effective date.
29 This act shall take effect in 180 days.
L5L35JS/20020H2823B4261 - 6 -