Bill Text: IL HB0964 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children's Product Safety Act. Provides that a recall or warning notice may be posted in an electronic format. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0590 [HB0964 Detail]

Download: Illinois-2009-HB0964-Engrossed.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children's Product Safety Act is amended by
changing Section 17 as follows:
(430 ILCS 125/17)
Sec. 17. Product recalls.
(a) If a manufacturer, importer, wholesaler, or
distributor of children's products has placed into the stream
of commerce in Illinois a children's product for which a recall
or warning has subsequently been issued by one of those
entities or by an agency of the federal government, then the
manufacturer, importer, wholesaler, or distributor must
initiate the following steps within 24 hours after issuing or
receiving the recall or warning:
(1) Contact all of its commercial customers, other than
end consumers, to whom it sold, leased, sublet, or
transferred that particular children's product in
Illinois. This contact must include providing the recall
notice or warning and must be made to the person designated
by the retailer for that product.
(2) If the manufacturer, importer, wholesaler, or
distributor maintains a web site, the entity must place on

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the home page (or the first entry point) of its web site a
link to recall or warning information that contains the
specific recall notice or warning that was issued for the
product in question. The recall or warning information must
include a description of the product, the reason for the
recall or warning, a picture of the product, and
instructions on how to participate in the recall or
warning. The information may include only the product
recall information and may not include sales or marketing
information on that product or any other product, excluding
return and exchange policies. The recall or warning
information must allow persons to participate in the recall
through the web site of the manufacturer, importer,
wholesaler, or distributor.
(3) If the manufacturer, importer, wholesaler, or
distributor sold directly to a non-commercial consumer,
and the consumer provided either a shipping address or
e-mail address at the time of sale, then the manufacturer,
importer, wholesaler, or distributor must send a notice of
the recall or warning to the consumer at either address
provided. The notice must include a description of the
product, the reason for the recall or warning, and
instructions on how to participate in the recall or
warning. The notice may include only the product recall
information and may not include sales or marketing
information on that product or any other product, excluding

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return and exchange policies.
(b) If a retailer receives notice of a recall or warning
regarding a children's product from a manufacturer, importer,
wholesaler, or distributor, or, in the case of an involuntary
recall, from a federal agency, and if the retailer at any time
offered the product for sale in Illinois, then the retailer
must do the following:
(1) Within 3 business days after receiving the recall
or warning from the manufacturer, importer, wholesaler, or
distributor by a person designated by the retailer, the
retailer must remove the children's product from the
shelves of its stores or program its registers to ensure
that the item cannot be sold.
(2) If the product was sold through the retailer's web
site, then within 3 business days after receipt of the
recall or warning by the person designated by the retailer,
the retailer must remove the children's product from the
web site or remove the ability of a consumer to purchase
the children's product through the web site.
(3) If an e-mail or shipping address was provided at
the time a children's product, for which a recall or
warning was subsequently issued, was purchased on the
retailer's web site, the retailer must attempt to contact
the purchaser at either address provided with the recall or
warning information. The recall or warning information
must include a description of the product, the reason for

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the recall or warning, and instructions on how to
participate in the recall or warning. The information may
include only the product recall information and may not
include sales or marketing information on that product or
any other product, excluding return and exchange policies.
The retailer must comply with this paragraph (3) within 30
days after receiving the notice of the recall or warning
from a manufacturer, importer, wholesaler, or distributor.
(4) Within 5 business days after receipt of the recall
or warning by the person designated by the retailer from a
manufacturer, importer, wholesaler, distributor, or from a
federal agency in the case of an involuntary recall, the
retailer must post in a prominent location in each retail
store the recall or warning notice. The posting may be in
an electronic format. The This notice must remain posted
for 120 days.
(5) If the children's product for which a recall or
warning was issued was sold on the retailer's web site, the
retailer must within 5 business days post on the home page
(or the first entry point) of its web site a link to recall
or warning information that contains the specific recall
notice or warning that was issued for the product in
question. The recall or warning information must include a
description of the product, the reason for the recall or
warning, a picture of the product (if one was provided),
and instructions on how to participate in the recall or

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warning. The information may include only the product
recall information and may not include sales or marketing
information on that product or any other product, excluding
return and exchange policies.
(c) Within 5 business days after a recalled children's
product is placed on the Department of Public Health's
comprehensive list maintained under Section 15, a retailer who
is not a first seller must comply with subsection (b) of
Section 17, except that such a retailer has 5 business days to
comply with both subdivision (b)(1) and subdivision (b)(2) of
Section 17.
(d) A manufacturer, importer, wholesaler, or distributor
who is also a retailer must comply with both subsection (a) and
subsection (b) of Section 17, except that a manufacturer,
importer, wholesaler, or distributor who is also a retailer
must, within 24 hours after issuing or receiving the recall or
warning, post on the home page (or the first entry point) of
its web site a link to recall or warning information that
contains the specific recall notice or warning that was issued
for the product in question.
(Source: P.A. 94-11, eff. 6-8-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.