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| To enact sections 3755.01, 3755.02, 3755.03, 3755.04, | 1 |
| 3755.05, 3755.06, 3755.07, and 3755.08 of the | 2 |
| Revised Code to prohibit the sale of unsafe | 3 |
| children's products and to require commercial | 4 |
| dealers and retailers to take specific actions in | 5 |
| respect to unsafe children's products they have | 6 |
| sold or are selling. | 7 |
| Section 1. That sections 3755.01, 3755.02, 3755.03, 3755.04, | 8 |
| 3755.05, 3755.06, 3755.07, and 3755.08 of the Revised Code be | 9 |
| enacted to read as follows: | 10 |
| Sec. 3755.01. As used in this chapter: | 11 |
| (A)(1) "Children's product" means any product, including, but | 12 |
| not limited to, a crib, a toddler bed, a bed, a car seat, a chair, | 13 |
| a high chair, a booster chair, a hook-on chair, a bath seat, a | 14 |
| gate or another enclosure for confining a child, a play yard, a | 15 |
| stationary activity center, a carrier, a stroller, a walker, a | 16 |
| swing, or a toy or play equipment, that fulfills both of the | 17 |
| following criteria: | 18 |
| (a) The product is designed or intended for use by or for the | 19 |
| care of any child under the age of nine; | 20 |
| (b) The product is designed or intended to come into contact | 21 |
| with a child under the age of nine while the product is used. | 22 |
| (2) Notwithstanding division (A)(1) of this section, | 23 |
| "children's product" does not include products that satisfy one of | 24 |
| the following criteria: | 25 |
| (a) The product may be used by or for the care of a child | 26 |
| under the age of nine, but is designed or intended for use by the | 27 |
| general population or segments of the general population and not | 28 |
| solely or primarily for use by or for the care of a child under | 29 |
| the age of nine; | 30 |
| (b) A product that is a drug, as defined in section 3715.01 | 31 |
| of the Revised Code or food, as defined in that section, or a | 32 |
| product that is intended to be ingested. | 33 |
| (B) "Commercial dealer" means a person who deals in | 34 |
| children's products or who otherwise by occupation holds one's | 35 |
| self out as having knowledge or skill peculiar to children's | 36 |
| products, or any person who is in the business of remanufacturing, | 37 |
| retrofitting, selling, leasing, subletting, or otherwise placing | 38 |
| children's products into the stream of commerce and includes | 39 |
| manufacturers, importers, distributors, and wholesalers. | 40 |
| (C) "Crib" means a bed or containment designed to accommodate | 41 |
| an infant. | 42 |
| (D) "Distributor" and "wholesaler" mean a person, other than | 43 |
| a manufacturer or retailer, who sells, resells, or otherwise | 44 |
| places children's products into the stream of commerce. | 45 |
| (E) "End consumer" means a person who purchases a children's | 46 |
| product for personal, family, or household use or a person who | 47 |
| initially purchases a children's product for personal, family, or | 48 |
| household use and subsequently resells the item. | 49 |
| (F) "First seller" means a retailer who sells a children's | 50 |
| product that has not been used or owned previously. | 51 |
| (G) "Importer" means a person who brings children's products | 52 |
| into this country and places them into the stream of commerce. | 53 |
| (I) "Infant" means a person less than thirty-five inches tall | 54 |
| and less than three years of age. | 55 |
| (J) "Manufacturer" means a person who makes and places | 56 |
| children's products into the stream of commerce. | 57 |
| (K) "Person" has the same meaning as in section 1.59 of the | 58 |
| Revised Code and also includes limited liability companies. | 59 |
| (M) "Retailer" means a person who sells, leases, or sublets | 60 |
| children's products to the public or an end consumer. | 61 |
| (N) "Unsafe children's product" means a children's product to | 62 |
| which any of the following statements apply: | 63 |
| (1) The children's product does not conform to all applicable | 64 |
| federal laws and regulations setting forth standards for the | 65 |
| children's product; | 66 |
| (2) The children's product has been recalled for any reason | 67 |
| by or in cooperation with an agency of the federal government or | 68 |
| the commercial dealer of the children's product, and the recall | 69 |
| has not been rescinded; | 70 |
| (3) An agency of the federal government or the children's | 71 |
| product's commercial dealer has issued a warning that the intended | 72 |
| use of a specific children's product constitutes a safety hazard, | 73 |
| and the warning has not been rescinded; | 74 |
| (4) The children's product is a crib that fails to conform to | 75 |
| the standards for crib safety endorsed or established by the | 76 |
| consumer product safety commission of the United States, | 77 |
| including, but not limited to, 16 C.F.R. 1303 and 1509 and 17 | 78 |
| C.F.R. 1508, or the standards for crib safety endorsed or | 79 |
| established by the American society for testing and materials | 80 |
| international, including, but not limited to, standards F 406, F | 81 |
| 966, and F 1169 of the American society for testing and materials | 82 |
| international. | 83 |
| Sec. 3755.02. (A) On or after the effective date of this | 84 |
| section, no commercial dealer or retailer may manufacture, | 85 |
| remanufacture, retrofit, distribute, sell at wholesale or retail, | 86 |
| contract to sell or resell, lease, sublet, import, or otherwise | 87 |
| place into the stream of commerce an unsafe children's product. | 88 |
| (B) A commercial dealer or retailer did not violate division | 89 |
| (A) of this section if the unsafe children's product the | 90 |
| commercial dealer or retailer sold was not included on the | 91 |
| comprehensive list maintained by the department of commerce | 92 |
| pursuant to division (A) of section 3755.03 of the Revised Code at | 93 |
| least twenty-four hours prior to the time the commercial dealer or | 94 |
| retailer sold that unsafe children's product. | 95 |
| (C) A commercial dealer is not violating division (A) of this | 96 |
| section if the unsafe children's product the commercial dealer | 97 |
| sells is retrofitted and all of the following conditions apply: | 98 |
| (1) The retrofit was approved by an agency of the federal | 99 |
| government; | 100 |
| (2) At the time the commercial dealer sells or transfers the | 101 |
| retrofitted children's product, the retrofitted children's product | 102 |
| is accompanied by a notice declaring that the retrofitted | 103 |
| children's product is safe for use by a child under the age of | 104 |
| nine; | 105 |
| (3) The notice required by division (C)(2) of this section | 106 |
| contains a description of the original problem that made the | 107 |
| children's product unsafe, a description of the retrofit that | 108 |
| explains how the original problem was eliminated, the name and | 109 |
| address of the commercial dealer who accomplished the retrofit and | 110 |
| who is certifying that the work was done, and the name and model | 111 |
| number of the children's product that was retrofitted. | 112 |
| (D) A commercial dealer or retailer is not violating division | 113 |
| (A) of this section if the unsafe children's product the | 114 |
| commercial dealer or retailer is selling is accompanied, at the | 115 |
| time of sale or transfer by the commercial dealer or retailer, by | 116 |
| supplies and instructions for the consumer to accomplish a | 117 |
| retrofit that is approved by an agency of the federal government. | 118 |
| (E) A retailer is not violating division (A) of this section | 119 |
| if the retailer is a first seller and the retailer accomplishes, | 120 |
| prior to the sale of the unsafe children's product, the retrofit | 121 |
| that is approved by an agency of the federal government. | 122 |
| Sec. 3755.03. The director of commerce shall do all of the | 123 |
| following: | 124 |
| (A) Maintain and update a comprehensive list of unsafe | 125 |
| children's products; | 126 |
| (B) Update the comprehensive list required by division (A) of | 127 |
| this section within twenty-four hours after the children's product | 128 |
| is publicly identified as an unsafe children's product by virtue | 129 |
| of the processes for making this determination as described in | 130 |
| division (N) of section 3755.01 of the Revised Code; | 131 |
| (C) Make the list required by division (A) of this section | 132 |
| available to the public at no cost; | 133 |
| (D) Post on the web site maintained by the department the | 134 |
| list required by division (A) of this section, a hyperlink to the | 135 |
| specific recall notice or warning issued for each children's | 136 |
| product included on that list for which such a hyperlink exists, | 137 |
| and a hyperlink to www.recalls.gov or its successor uniform | 138 |
| resource locator; | 139 |
| (E) Review and update the hyperlinks described in division | 140 |
| (D) of this section as frequently as is practicable; | 141 |
| (F) Include information regarding the list required by | 142 |
| division (A) of this section in regular publications or mailings | 143 |
| issued by the department on the subject of consumer protection; | 144 |
| (G) Adopt rules pursuant to Chapter 119. of the Revised Code | 145 |
| that are necessary and proper to implement this section. | 146 |
| Sec. 3755.04. If a commercial dealer places into the stream | 147 |
| of commerce a children's product for which that commercial dealer | 148 |
| or an agency of the federal government subsequently issues a | 149 |
| recall or warning, within the twenty-four hours after the | 150 |
| commercial dealer issues that recall or within twenty-four hours | 151 |
| after the commercial dealer receives a recall or warning notice | 152 |
| concerning that children's product from an agency of the federal | 153 |
| government, whichever is applicable, or if both are applicable, | 154 |
| the earlier of those times, the commercial dealer shall initiate | 155 |
| each of the following steps: | 156 |
| (A) Provide the recall notice or warning and other pertinent | 157 |
| information concerning that children's product to all of the | 158 |
| commercial dealer's commercial customers, other than end | 159 |
| consumers, to whom the commercial dealer sold, leased, sublet, or | 160 |
| transferred that children's product in this state; | 161 |
| (B) Provide the information described in division (A) of this | 162 |
| section to the person designated by the commercial customer to | 163 |
| receive information concerning recalls or warnings for that | 164 |
| children's product; | 165 |
| (C) If the commercial dealer maintains a web site, place all | 166 |
| of the following on the web site: | 167 |
| (1) On the home page or first entry point of the web site, a | 168 |
| hyperlink of the uniform resource locator for the web site that | 169 |
| contains the specific recall notice or warning that was issued for | 170 |
| that children's product; | 171 |
| (2) A description of that children's product; | 172 |
| (3) The reason for the recall or warning; | 173 |
| (4) A picture of that children's product; | 174 |
| (5) Instructions on how to participate in the recall or | 175 |
| warning. | 176 |
| (D) When providing the information required by divisions (A) | 177 |
| and (B) of this section, the commercial dealer shall not include | 178 |
| sales or marketing information for that children's product or any | 179 |
| other product, but may include return and exchange policies; | 180 |
| Sec. 3755.05. (A) If a retailer receives a notice of a | 181 |
| recall or warning about a children's product from a commercial | 182 |
| dealer or federal agency, and if the retailer at any time offered | 183 |
| that children's product for sale in this state, the retailer shall | 184 |
| do all of the following with respect to that children's product: | 185 |
| (1) Within three business days after receipt of the recall or | 186 |
| warning notice, remove that children's product from the shelves of | 187 |
| its stores or program its registers to ensure that the children's | 188 |
| product cannot be sold; | 189 |
| (2) If that children's product is sold through the retailer's | 190 |
| web site, within three business days after receipt of the recall | 191 |
| or warning notice, remove all offers to sell that children's | 192 |
| product from the web site or disable the function that allows | 193 |
| consumers to purchase that children's product through the web | 194 |
| site; | 195 |
| (3) Within thirty days after the retailer receives the recall | 196 |
| or warning notice, send to any purchaser of that children's | 197 |
| product who provided an e-mail or shipping address at the time of | 198 |
| purchase, to either address provided, a notice that includes all | 199 |
| of the following: | 200 |
| (a) A description of the children's product; | 201 |
| (b) The reason for the recall or warning; | 202 |
| (c) A picture of the children's product; | 203 |
| (d) Instructions on how to participate in the recall or | 204 |
| warning. | 205 |
| (4) Not include sales or marketing information on that | 206 |
| children's product or any other product when providing the recall | 207 |
| or warning information required by division (A)(3) of this | 208 |
| section, but the retailer may include return and exchange | 209 |
| policies; | 210 |
| (5) Within five business days after the retailer receives the | 211 |
| recall or warning notice from a commercial dealer or federal | 212 |
| agency, post the recall or warning notice in a conspicuous | 213 |
| location in each retail store operated by that retailer in this | 214 |
| state for at least one hundred twenty days; | 215 |
| (6) If the children's product for which a recall or warning | 216 |
| was issued was sold on the retailer's web site, within five | 217 |
| business days after the receipt of the notice of the recall or | 218 |
| warning from a commercial dealer, place on its web site all of the | 219 |
| following: | 220 |
| (a) On the home page or the first entry point of the | 221 |
| retailer's web site, a hyperlink of the uniform resource locator | 222 |
| for the web site that contains the specific recall notice or | 223 |
| warning that was issued for the children's product in question; | 224 |
| (b) A description of the children's product; | 225 |
| (c) The reason for the recall or warning; | 226 |
| (d) A picture of the children's product; | 227 |
| (e) Instructions on how to participate in the recall or | 228 |
| warning. | 229 |
| (B) A retailer who is not a first seller shall comply with | 230 |
| division (A) of this section except that a retailer who is not a | 231 |
| first seller shall have five days following the placement of a | 232 |
| recalled children's product on the list maintained by the director | 233 |
| of commerce as required under division (A) of section 3755.03 of | 234 |
| the Revised Code to comply with divisions (A)(1) and (2) of this | 235 |
| section. | 236 |
| (C) A retailer who is both a first seller and a secondhand or | 237 |
| resale seller shall comply with division (A) of this section in | 238 |
| respect to products for which the retailer is the first seller and | 239 |
| shall comply with division (B) of this section in respect to | 240 |
| products for which the retailer is not the first seller. | 241 |
| (D) A commercial dealer who also performs as a retailer shall | 242 |
| comply with section 3755.04 of the Revised Code for activities the | 243 |
| commercial dealer engages in as a commercial dealer and shall | 244 |
| comply with this section for activities the commercial dealer | 245 |
| engages in as a retailer. | 246 |
| Sec. 3755.06. Nothing in this chapter shall be interpreted | 247 |
| to allow any department, board, or other agency of the state or a | 248 |
| political subdivision of the state to issue recalls. | 249 |
| Sec. 3755.07. Nothing in this chapter relieves a commercial | 250 |
| dealer or retailer from complying with requirements that may be | 251 |
| imposed on the commercial dealer or retailer by an agency of the | 252 |
| federal government. | 253 |
| Sec. 3755.08. (A) If, by the attorney general's own | 254 |
| inquiries or as a result of complaints the attorney general | 255 |
| receives, the attorney general has reasonable cause to believe | 256 |
| that a person has engaged in or is engaging in an act or practice | 257 |
| that violates this chapter, the attorney general may do any of the | 258 |
| following: | 259 |
| (1) Exercise the same powers as those described in section | 260 |
| 1345.06 of the Revised Code, except that information acquired as | 261 |
| described in division (E) of section 1345.06 of the Revised Code | 262 |
| shall be usable in an action for damages under division (A)(3) of | 263 |
| this section; | 264 |
| (2) Bring an action to obtain a temporary restraining order, | 265 |
| preliminary injunction, or permanent injunction to restrain the | 266 |
| act or practice that violates this chapter; | 267 |
| (3) Bring an action for a civil penalty in a court of | 268 |
| competent jurisdiction against the person. | 269 |
| (B) If the attorney general brings an action for a civil | 270 |
| penalty pursuant to division (A)(3) of this section, the court may | 271 |
| impose a civil penalty of not more than five hundred dollars for | 272 |
| each day that the violation continues. Civil penalties collected | 273 |
| pursuant to this division shall be paid as follows: one-fourth of | 274 |
| the amount to the treasurer of the county in which the action is | 275 |
| brought and three-fourths to the attorney general reimbursement | 276 |
| fund created by section 109.11 of the Revised Code. | 277 |