LUETKENHAUS, McCLELLAND, THOMPSON (72), WILSON (42), AND HILGEMANN.
Read 1st time January 11, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapters 210 and 407, RSMo, by adding thereto eight new sections for the purpose of enacting the children's product safety act, with a penalty provision.
Section A. Chapters 210 and 407, RSMo, are amended by adding thereto eight new sections, to be known as sections 210.224, 407.1100, 407.1103, 407.1106, 407.1109, 407.1112, 407.1115 and 407.1118, to read as follows:
210.224. 1. On or after July 1, 2001, no licensed or registered child care provider shall use or have on the premises an unsafe children's product, as described in section 407.1103, RSMo, of the children's product safety act. The provisions of this subsection shall not apply to an antique or collectible children's product if it is not used by or accessible to any child on the premises of the child care provider.
2. The department of health in collaboration with the department of social services, shall notify child care providers on an ongoing basis of the provisions of this section and the children's product safety act and of unsafe children's products, as determined in according with such act, in plain nontechnical language that will enable each licensed or registered child care provider to effectively inspect children's products and identify unsafe children's products. The department may utilize the department of public safety's comprehensive list of children's product identified as unsafe pursuant to section 407.1106, RSMo. The department may promulgate rules to implement the provisions of this section.
3. The department of health shall:
(1) Post a list of unsafe children's products on the Internet or create a link to the department of public safety's Internet site for such listing established pursuant to section 407.1106, RSMo;
(2) Allow any child care provider who is not licensed or registered to request inclusion on the department's mailing list for information required in subsection 2 of this section;
(3) Update the list of products at least quarterly; and
(4) Require every licensed and registered child care provider to offer at the time of application, and provide upon request, the most recent list of unsafe children's products to any person who seeks child care services from such provider.
4. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.
407.1100. Sections 407.1100 to 407.1118 shall be known and may be cited as the "Children's Product Safety Act".
407.1103. As used in sections 407.1100 to 407.1118 the following terms mean:
(1) "Children's product", a product, including but not limited to, a full-size crib, nonfull-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment that meets the following criteria:
(a) The product is designed or intended for the care of, or use by, children less than six years of age, or is designed or intended for the care of, or use by, both children less than six years of age and children six years of age or older; and
(b) The product is designed or intended to come into contact with the child while the product is used.
Notwithstanding any other provision of this section to the contrary, a product is not a children's product for purposes of sections 407.1100 to 407.1118 if:
(i) It may be used by or for the care of a child less than six years of age, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or the care of a child; or
(ii) It is a medication, drug or food, or is intended to be ingested;
(2) "Commercial user", any person who deals in children's products or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce children's products;
(3) "Crib", a bed or containment designed to accommodate an infant;
(4) "Full-sized crib", a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs;
(5) "Infant", any person less than thirty-five inches tall and less than three years of age;
(6) "Nonfull-size crib", a nonfull-size crib as defined in Section 1509.2 of Title 16 of the Code of Federal Regulations regarding the requirements for nonfull-size cribs;
(7) "Person", a natural person, firm, corporation, limited liability company or association, or an employee or agent of a natural person or an entity included in this definition.
407.1106. 1. On or after January 1, 2001, no commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a children's product that is unsafe.
2. A children's product is deemed to be unsafe for purposes of sections 407.1100 to 407.1118 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;
(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; or
(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.
The department of public safety shall create, maintain and update a comprehensive list of children's products that have been identified as meeting any of the criteria set forth in subdivisions (1) to (3) of this subsection. The department shall make the comprehensive list available to the department of health for distribution pursuant to section 210.224, RSMo, and the public at no cost and shall post it on the Internet and encourage links.
3. A crib is presumed to be unsafe for purposes of sections 407.1100 to 407.1118 if it does not conform to the standards endorsed or established by the Consumer Product Safety Commission, including but not limited to Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows:
(1) Part 1508 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement the regulations;
(2) Part 1509 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such regulations;
(3) Part 1303 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement such regulations;
(4) The following standards and specifications of the American Society for Testing Materials for corner posts of baby cribs and structural integrity of baby cribs:
(a) ASTM F 966-90 (corner post standard);
(b) ASTM F 1169-88 (structural integrity of full-size baby cribs);
(c) ASTM F 1822-97 (nonfull-size cribs).
4. Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics:
(1) Corner posts that extend more than one-sixteenth of an inch;
(2) Spaces between side slats more than 2.375 inches;
(3) Mattress support that can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib;
(4) Cutout designs on the end panels;
(5) Rail height dimensions that do not conform to both of the following:
(a) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches; and
(b) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches;
(6) Any screws, bolts or hardware that are loose and not secured;
(7) Sharp edges, points or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits or cracks;
(8) Tears in mesh or fabric sides in a nonfull-size crib;
(9) A nonfull-size crib that folds in a "V" shape design does not have top rails that automatically lock into place when the crib is fully set up; or
(10) The mattress pad in a nonfull-size mesh/fabric crib exceeds one inch.
5. An unsafe children's product, as determined pursuant to subdivisions (1) to (3) of subsection 2 of this section may be retrofitted 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 is different from the agency issuing the recall or warning. A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child less than six years of age. The notice shall include:
(1) A description of the original problem which made the recalled product unsafe;
(2) 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 less than six years of age; and
(3) The name and address of the commercial user who accomplished the retrofit certifying that the work was done along with the name and model number of the product retrofitted.
The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. A retrofit is exempt from sections 407.1100 to 407.1118 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 commercial user and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or
(b) The seller of a previously unsold product accomplishes the repair, approved or recommended by an agency of the federal government prior to sale.
407.1109. The commercial user shall not be found noncompliant if the specific recalled product sold was not included on the department of public safety's list on the day before the sale.
407.1112. A commercial user who willfully and knowingly violates section 407.1103 is guilty of a class C misdemeanor.
407.1115. The attorney general may bring an action to enforce the provisions of sections 407.1100 to 407.1118.
407.1118. Remedies available pursuant to sections 407.1100 to 407.1118 are in addition to any other remedies or
procedures available pursuant to any other provision of law that may be available to an aggrieved
party.
Missouri House of
Representatives