S265

An Act concerning child product safety and supplementing P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1983, c.492 (C.30:5B-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"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, 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 under six years of age, or is designed or intended for the care of, or use by, both children under six years of age and children six years of age or older; or

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 the purposes of this act if it may be used by or for the care of a child under 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 for the care of a child, or it is a balloon, medication, drug, or food or is intended to be ingested.

"Commercial user" means 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.

"Infant" means any person less than 35 inches tall and less than three years of age.

"Crib" means a bed or containment designed to accommodate an infant.

"Full-size crib" means a full-size crib as defined in Sections 1508.1 and 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs.

"Non-full-size crib" means a non-full-size crib as defined in Section 1509.2 of Title 16 of the Code of Federal Regulations regarding the requirements of non-full-sized cribs.

"Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away, or allow the use of.

2. a. It shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe in accordance with this section.

b. A children's product is deemed to be unsafe for purposes of this section 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; or

(2) It has been recalled for any reason by a federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or

(3) A federal agency has issued a warning that a specific product's intended use constitutes a safety hazard and the warning has not been rescinded.

c. In addition to the criteria established pursuant to subsection b. of this section, a crib is deemed unsafe for the purposes of this section if it does not conform to the standards endorsed or established by the federal Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and ASTM International, 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 the regulations;

(3) Part 1303 of Title 16 of the Code of Federal Regulations and any regulations adopted to amend or supplement the regulations; and

(4) The following standards and specifications of ASTM International for corner posts of baby cribs and structural integrity of baby cribs:

(a) ASTM F 966 (corner post standard);

(b) ASTM F 1169 (structural integrity of full-size baby cribs);

(d) ASTM F 406 (non-full size baby cribs/play yards).

3. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall:

(1) create, maintain, and update a comprehensive list of children's products that have been identified as meeting any of the criteria set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) make the comprehensive list available to the public at no cost, including, but not limited to, posting the list on the Internet.

b. The Division of Consumer Affairs shall not be liable for any civil damages as a result of any acts or omissions undertaken in good faith in the creation, maintenance or updating of the list of children's products in accordance with subsection a. of this section.

4. A children's product deemed unsafe in accordance with this act as a result of a recall or warning issued by a federal agency, may be retrofitted by the manufacturer if the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit. A retrofitted children's product may be placed in the stream of commerce if it is accompanied at the time of delivery by a notice stating that the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit. The commercial user is responsible for maintaining a record of any notice provided by the manufacturer stating that the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit. The commercial user is required to make the notice available to customers upon purchase of the retrofitted children's product.

5. a. A child care facility licensed pursuant to P.L.1983. c.492 (C.30:5B-1 et seq.) may not use or have on its premises a children's product deemed unsafe in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). This subsection does not apply to an antique or collectible children's product if it is not used by, or accessible to, any child in the child care facility.

b. The Division of Youth and Family Services in the Department of Human Services shall notify child care facilities of the provisions of this section and of children's products deemed unsafe in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), in plain, non-technical language that will enable each child care facility to effectively inspect children's products and identify unsafe children's products.

c. (1) The division shall prepare a certification form and require each facility to complete the certification form in the process of licensing, renewal, or periodic update.

(2) The division shall retain the certification form completed by each facility in each respective facility's licensing file.

Each child care facility shall: (1) as part of the licensing, licensing renewal, or periodic inspection process conducted by the Division of Youth and Family Services, certify in writing that it has reviewed the list created by the Division of Consumer Affairs in the Department of Law and Public Safety regarding unsafe children's products pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and that there are no unsafe products in the facility; and (2) maintain the list in its licensing file and make the list accessible to the facility staff members and to parents of the children who attend the facility.

d. The Division of Youth and Family Services may revoke or refuse to renew the license of any child care facility or refuse to issue a license to a facility should the facility not comply with any section of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, may adopt rules and regulations to effectuate the purposes of sections 1 through 4 of this act.

b. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations to effectuate the purposes of section 5 of this bill.

7. This act shall take effect on the 180th day after enactment.

STATEMENT

This bill stipulates that it shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease or otherwise place in the stream of commerce a children's product deemed unsafe in accordance with the provisions of the bill. The bill specifies that products that do not conform to federal standards, that have been recalled, or that have been deemed a safety hazard by the federal government, are unsafe.

The bill directs the Division of Consumer Affairs in the Department of Law and Public Safety to create and maintain a list of unsafe children's products and to make the list available to the public at no cost, including, but not limited to, posting the list on the Internet. The bill also stipulates that the Division of Consumer Affairs shall not be liable for any civil damages as a result of any acts or omissions undertaken in good faith in the creation, maintenance or updating of the list.

The provisions of the bill specify that a:

* children's product deemed unsafe as a result of a recall or warning issued by a federal agency, may be retrofitted by the manufacturer if the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit;

* retrofitted product may be placed in the stream of commerce if it is accompanied at the time of delivery by a notice stating that the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit; and

* commercial user is responsible for maintaining a record of any notice provided by the manufacturer that states the retrofit has been approved by the federal agency issuing the recall or warning or another federal agency with the authority to approve the retrofit, and is required to make the notice available to customers upon purchase of the retrofitted children's product.

Finally, the bill directs:

* child care facilities, as part of their licensure process, to review the list developed by the Division of Consumer Affairs and certify that there are no unsafe children's products in the child care facility; and

* the Division of Youth and Family Services in the Department of Human Services to prepare the certification form which shall be completed by child care facilities during the licensure process.