HB 408 -- Children's Product Safety Act

Sponsor:  Low

This bill establishes the Children's Product Safety Act.  In its
main provisions, the bill:

(1)  Prohibits, beginning August 28, 2009, commercial dealers,
manufacturers, importers, distributors, wholesalers, or retailers
from manufacturing, remanufacturing, retrofitting, distributing,
or selling any children's product that is unsafe;

(2)  Establishes certain criteria which deem a children's product
to be unsafe;

(3)  Authorizes the Attorney General to maintain and update a
comprehensive list of children's products which have been
identified as unsafe as specified in the bill;

(4)  Presumes a baby crib to be unsafe if it doesn't conform to
the standards established by the federal Consumer Product Safety
Commission including, but not limited to, Title 16 of the Code of
Federal Regulations and the standards endorsed or established by
the American Society for Testing and Materials;

(5)  Authorizes the retrofitting of an unsafe children's product
if the retrofit has been approved by the agency of the federal
government issuing the recall or warning or the agency
responsible for approving the retrofit;

(6)  Establishes product recall guidelines for manufacturers,
importers, wholesalers, distributors, and retailers;

(7)  Creates a civil penalty in an amount of up to $500 each day
when a commercial dealer, importer, distributor, wholesaler, or
retailer fails to exercise reasonable care in following the
recall guidelines;

(8)  Prohibits any unit of state or local government or any other
entity within the state from issuing product recalls; and

(9)  Authorizes the Attorney General or a county prosecuting
attorney to bring an action against a commercial dealer,
manufacturer, importer, distributor, wholesaler, or retailer for
a violation of the provisions of the bill.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am