210.1007. List of children's products to be furnished to all child-care facilities by department--disposal of unsafe products--inspections by department--rulemaking authority.

MISSOURI STATUTES AND CODES

210.1007. List of children's products to be furnished to all child-care facilities by department--disposal of unsafe products--inspections by department--rulemaking authority.

List of children's products to be furnished to all child-carefacilities by department--disposal of unsafe products--inspectionsby department--rulemaking authority.

210.1007. 1. The department of health and senior services shall, onor before July 1, 2003, and quarterly thereafter, provide all child-carefacilities licensed pursuant to this chapter with a comprehensive list ofchildren's products that have been identified by the Consumer ProductSafety Commission as unsafe.

2. Upon notification, a child-care facility shall inspect itspremises and immediately dispose of any unsafe children's products whichare discovered. Such inspection shall be documented by signing and datingthe department's notification form in a space designated by the department.Signed and dated notification forms shall be maintained in the facility'sfiles for departmental inspection.

3. During regular inspections, the department shall document thefacility's maintenance of past signed and dated notification forms. If thedepartment discovers an unsafe children's product, the facility shall beinstructed to immediately dispose of the product. If a facility fails todispose of a product after being given notice that it is unsafe, it shallbe considered a violation under the inspection.

4. The department may promulgate rules for the implementation of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.