This section defines when a children's product or crib is unsafe, and allows some unsafe products to be retrofitted and sold if the retrofit and sale notice meet the listed conditions.
§2704. Unsafe children's product defined A. A children's product is unsafe for purposes of this Chapter if it meets one or more of the following criteria: (1) The children's product does not conform to all federal laws and regulations setting forth standards for the children's product. (2) The children's product has been recalled for any reason by a federal agency, the product's manufacturer, distributor, or importer; the recall has not been rescinded; and the children's product has been listed by the consumer protection section as a recalled product. (3) A federal agency has issued a warning that a specific children's product's intended use constitutes a safety hazard and the warning has not been rescinded. B. For the purposes of this Chapter, a crib is unsafe if it does not conform to the standards endorsed or established by the Consumer Product Safety Commission, pursuant to 16 CFR 1500.1 et seq. C.(1) An unsafe children's product, which meets the criteria established pursuant to this Section, may be retrofitted, if the retrofit has been approved by the federal agency issuing the recall or warning or the federal agency responsible for approving the retrofit, if such agency is different from the federal agency issuing the recall or warning. 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. The notice shall include all of the following: (a) A description of the original problem that made the recalled children's product unsafe. (b) A description of the retrofit that explains how the original problem was eliminated and declaring that it is now safe to use. (c) 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. The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. (2) A retrofit does not need to comply with this Chapter if either of the following applies: (a) The retrofit is for a children's product that requires assembly by the consumer; the approved retrofit is provided with the product by the commercial user; and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit. (b) The seller of a previously unsold children's product accomplishes the repair prior to sale and the repair is approved or recommended by a federal agency. Acts 2001, No. 1164, §1; Acts 2018, No. 206, §5.