§ 20-27-1603 - Unsafe children's products -- Prohibition. - Arkansas Statutes

20-27-1603. Unsafe children's products -- Prohibition.

(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe.

(b) A children's product is unsafe for purposes of this subchapter if it meets any of the following criteria:

(1) It does not conform to federal law and regulatory standards for the children's product;

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of the federal government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or

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has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded.

(c) (1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission.

(2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the Internet and encouraging links from the Internet site.

(d) A crib is unsafe if it does not conform to the standards existing on January 1, 2001, endorsed or established by the Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows:

(1) 16 C.F.R. 1508 and any regulations adopted to amend or supplement the regulations;

(2) 16 C.F.R. 1509 and any regulations adopted to amend or supplement the regulations;

(3) 16 C.F.R. 1303 and any regulations adopted to amend or supplement the regulations; and

(4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing Materials for corner posts of baby cribs and structural integrity of baby cribs:

(A) American Society for Testing Materials F 966-90, concerning corner post standard;

(B) American Society for Testing Materials F 1169-88, concerning structural integrity of full-size baby cribs; and

(C) American Society for Testing Materials F 1822-97, concerning non-full-size cribs.

(e) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics:

(1) Corner posts that extend more than one-sixteenth inch (1/16'');

(2) Spaces between side slats more than two and three hundred seventy-five hundredths inch (2.37'');

(3) (A) Mattress support that can be easily dislodged from any point of the crib.

(B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib;

(4) Cutout designs on the end panels;

(5) Rail height dimensions that do not conform to both of the following:

(A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9''); and

(B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26'');

(6) Any screws, bolts, or hardware that are loose and not secured;

(7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks;

(8) Tears in mesh or fabric sides in a non-full-size crib;

(9) A non-full-size crib that folds in a "V" shape design that does not have top rails that automatically lock into place when the crib is fully set up; or

(10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1'').

(f) (1) An unsafe children's product 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 warning.

(2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age.

(3) The notice shall include:

(A) A description of the original problem which made the recalled product unsafe;

(B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and

(C) (i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted.

(ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.

(g) A retrofit is exempt from this subchapter if:

(1) The retrofit is for a children's product that requires assembly by the consumer;

(2) The approved retrofit is provided with the product by the commercial user;

(3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or

(4) The seller of a previously unsold product accomplishes prior to sale the repair approved or recommended by an agency of the federal government.