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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0964
Introduced 2/10/2009, by Rep. Careen M Gordon SYNOPSIS AS INTRODUCED:
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Amends the Children's Product Safety Act. Provides that a recall or warning notice may be posted in an electronic format. Effective immediately.
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A BILL FOR
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HB0964 |
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LRB096 08907 KTG 19043 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Children's Product Safety Act is amended by |
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| changing Section 17 as follows:
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| (430 ILCS 125/17) |
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| Sec. 17. Product recalls. |
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| (a) If a manufacturer, importer, wholesaler, or |
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| distributor of children's products has placed into the stream |
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| of commerce in Illinois a children's product for which a recall |
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| or warning has subsequently been issued by one of those |
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| entities or by an agency of the federal government, then the |
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| manufacturer, importer, wholesaler, or distributor must |
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| initiate the following steps within 24 hours after issuing or |
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| receiving the recall or warning: |
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| (1) Contact all of its commercial customers, other than |
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| end consumers, to whom it sold, leased, sublet, or |
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| transferred that particular children's product in |
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| Illinois. This contact must include providing the recall |
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| notice or warning and must be made to the person designated |
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| by the retailer for that product. |
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| (2) If the manufacturer, importer, wholesaler, or |
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| distributor maintains a web site, the entity must place on |
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HB0964 |
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LRB096 08907 KTG 19043 b |
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| the home page (or the first entry point) of its web site a |
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| link to recall or warning information that contains the |
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| specific recall notice or warning that was issued for the |
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| product in question. The recall or warning information must |
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| include a description of the product, the reason for the |
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| recall or warning, a picture of the product, and |
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| instructions on how to participate in the recall or |
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| warning. The information may include only the product |
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| recall information and may not include sales or marketing |
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| information on that product or any other product, excluding |
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| return and exchange policies. The recall or warning |
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| information must allow persons to participate in the recall |
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| through the web site of the manufacturer, importer, |
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| wholesaler, or distributor. |
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| (3) If the manufacturer, importer, wholesaler, or |
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| distributor sold directly to a non-commercial consumer, |
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| and the consumer provided either a shipping address or |
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| e-mail address at the time of sale, then the manufacturer, |
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| importer, wholesaler, or distributor must send a notice of |
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| the recall or warning to the consumer at either address |
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| provided. The notice must include a description of the |
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| product, the reason for the recall or warning, and |
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| instructions on how to participate in the recall or |
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| warning. The notice may include only the product recall |
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| information and may not include sales or marketing |
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| information on that product or any other product, excluding |
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HB0964 |
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LRB096 08907 KTG 19043 b |
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| return and exchange policies. |
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| (b) If a retailer receives notice of a recall or warning |
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| regarding a children's product from a manufacturer, importer, |
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| wholesaler, or distributor, or, in the case of an involuntary |
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| recall, from a federal agency, and if the retailer at any time |
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| offered the product for sale in Illinois, then the retailer |
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| must do the following: |
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| (1) Within 3 business days after receiving the recall |
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| or warning from the manufacturer, importer, wholesaler, or |
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| distributor by a person designated by the retailer, the |
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| retailer must remove the children's product from the |
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| shelves of its stores or program its registers to ensure |
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| that the item cannot be sold. |
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| (2) If the product was sold through the retailer's web |
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| site, then within 3 business days after receipt of the |
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| recall or warning by the person designated by the retailer, |
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| the retailer must remove the children's product from the |
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| web site or remove the ability of a consumer to purchase |
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| the children's product through the web site. |
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| (3) If an e-mail or shipping address was provided at |
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| the time a children's product, for which a recall or |
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| warning was subsequently issued, was purchased on the |
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| retailer's web site, the retailer must attempt to contact |
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| the purchaser at either address provided with the recall or |
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| warning information. The recall or warning information |
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| must include a description of the product, the reason for |
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HB0964 |
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LRB096 08907 KTG 19043 b |
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| the recall or warning, and instructions on how to |
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| participate in the recall or warning. The information may |
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| include only the product recall information and may not |
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| include sales or marketing information on that product or |
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| any other product, excluding return and exchange policies. |
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| The retailer must comply with this paragraph (3) within 30 |
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| days after receiving the notice of the recall or warning |
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| from a manufacturer, importer, wholesaler, or distributor. |
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| (4)
Within 5 business days after receipt of the recall |
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| or warning by the person designated by the retailer from a |
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| manufacturer, importer, wholesaler, distributor, or from a |
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| federal agency in the case of an involuntary recall, the |
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| retailer must post in a prominent location in each retail |
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| store the recall or warning notice. The posting may be in |
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| an electronic format. The This notice must remain posted |
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| for 120 days. |
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| (5) If the children's product for which a recall or |
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| warning was issued was sold on the retailer's web site, the |
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| retailer must within 5 business days post on the home page |
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| (or the first entry point) of its web site a link to recall |
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| or warning information that contains the specific recall |
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| notice or warning that was issued for the product in |
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| question. The recall or warning information must include a |
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| description of the product, the reason for the recall or |
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| warning, a picture of the product (if one was provided), |
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| and instructions on how to participate in the recall or |
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HB0964 |
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LRB096 08907 KTG 19043 b |
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| warning. The information may include only the product |
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| recall information and may not include sales or marketing |
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| information on that product or any other product, excluding |
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| return and exchange policies. |
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| (c) Within 5 business days after a recalled children's |
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| product is placed on the Department of Public Health's |
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| comprehensive list maintained under Section 15, a retailer who |
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| is not a first seller must comply with subsection (b) of |
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| Section 17, except that such a retailer has 5 business days to |
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| comply with both subdivision (b)(1) and subdivision (b)(2) of |
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| Section 17. |
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| (d) A manufacturer, importer, wholesaler, or distributor |
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| who is also a retailer must comply with both subsection (a) and |
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| subsection (b) of Section 17, except that a manufacturer, |
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| importer, wholesaler, or distributor who is also a retailer |
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| must, within 24 hours after issuing or receiving the recall or |
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| warning, post on the home page (or the first entry point) of |
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| its web site a link to recall or warning information that |
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| contains the specific recall notice or warning that was issued |
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| for the product in question.
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| (Source: P.A. 94-11, eff. 6-8-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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