Section 23-75-9. – Enforcement.
§ 23-75-9. Enforcement. The director of the department of health shall investigate and enforce the provisions of § 23-75-3(e), and promulgate rules and regulations deemed necessary to enforce it. History of Section.P.L. 2017, ch. 380, § 4; P.L. 2017, ch. 381, § 4.
Section 23-75-1. – Short title.
§ 23-75-1. Short title. This chapter may be cited as the “Children’s Product Safety Act.” History of Section.P.L. 2002, ch. 410, § 1.
Section 23-75-2. – Definitions.
§ 23-75-2. Definitions. In this chapter: (1)(i) “Children’s product” means a product, including, but not limited to, a full-size crib, non-full-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, or infant or […]
Section 23-75-3. – Unsafe children’s products — Prohibition.
§ 23-75-3. Unsafe children’s products — Prohibition. (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2004, a children’s product that is unsafe. (b) A children’s product is deemed to be unsafe for purposes of this […]
Section 23-75-4. – List of unsafe children’s products.
§ 23-75-4. List of unsafe children’s products. (a) The department of health 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 § 23-75-3. (b) The department of health shall make the comprehensive list available to the public at no cost […]
Section 23-75-5. – Unsafe children’s products — Child care.
§ 23-75-5. Unsafe children’s products — Child care. (a) A child day care center may not use or have on the premises, on or after January 1, 2004, an unsafe children’s product as described in § 23-75-3. This subsection does not apply to an antique or collectible children’s product if it is not used by, […]
Section 23-75-6. – Retrofits.
§ 23-75-6. Retrofits. (a) An unsafe children’s product, as determined pursuant to § 23-75-3, 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 […]
Section 23-75-7. – Exception.
§ 23-75-7. Exception. The commercial user shall not be found noncompliant if the specific recalled product sold was not included on the department of health’s list on the day before the sale. History of Section.P.L. 2002, ch. 410, § 1.
Section 23-75-8. – Penalty.
§ 23-75-8. Penalty. (a) A commercial user who willfully and knowingly violates § 23-75-6 is guilty of a misdemeanor. (b) Any person or entity that violates the provisions of § 23-75-3(a) shall be civilly fined not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars ($10,000) for each […]