Bill Text: IL HB3363 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Child Care Act of 1969. Provides that subject to availability of appropriations, the Department of Children and Family Services shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (1) publicly available; (2) searchable; and (3) accessible through the Internet website of the Department. Amends the Children's Product Safety Act. Provides that "children's product" means a product that is designed or intended for the care of, or use by, any child under the age of 12 (rather than 9).

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0044 [HB3363 Detail]

Download: Illinois-2023-HB3363-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Care Act of 1969 is amended by
changing Section 5.2 as follows:
(225 ILCS 10/5.2)
Sec. 5.2. Unsafe children's products.
(a) A child care facility may not use or have on the
premises, on or after July 1, 2000, an unsafe children's
product as described in Section 15 of the Children's Product
Safety Act. This subsection (a) does not apply to an antique or
collectible children's product if it is not used by, or
accessible to, any child in the child care facility.
(b) The Department of Children and Family Services shall
notify child care facilities, on an ongoing basis, including
during the license application facility examination and during
annual license monitoring visits, of the provisions of this
Section and the Children's Product Safety Act and of the
comprehensive list of unsafe children's products as provided
and maintained by the Department of Public Health available on
the Internet, as determined in accordance with that Act, in
plain, non-technical language that will enable each child care
facility to effectively inspect children's products and

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identify unsafe children's products. Subject to availability
of appropriations, the Department of Children and Family
Services, in accordance with the requirements of this Section,
shall establish and maintain a database on the safety of
consumer products and other products or substances regulated
by the Department that is: (i) publicly available; (ii)
searchable; and (iii) accessible through the Internet website
of the Department. The Department of Children and Family
Services shall adopt rules to maintain data on child care
facilities without Internet access and shall ensure the child
care facilities without Internet access register for available
mailing lists of pertinent recalls distributed in paper form.
Child care facilities must maintain all written information
provided pursuant to this subsection in a file accessible to
both facility staff and parents of children attending the
facility. Child care facilities must post in prominent
locations regularly visited by parents written notification of
the existence of the comprehensive list of unsafe children's
products available on the Internet. The Department of Children
and Family Services shall adopt rules to carry out this
Section.
(Source: P.A. 98-82, eff. 7-15-13.)
Section 10. The Children's Product Safety Act is amended
by changing Section 10 as follows:

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(430 ILCS 125/10)
Sec. 10. Definitions. In this Act:
(a) "Children's product" means a product, including but
not limited to a full-size crib, non-full-size crib, toddler
bed, bed, car seat, chair, high chair, booster chair, hook-on
chair, bath seat, gate or other enclosure for confining a
child, play yard, stationary activity center, carrier,
stroller, walker, swing, or toy or play equipment, that meets
the following criteria:
(i) the product is designed or intended for the care
of, or use by, any child under age 12 9; and
(ii) the product is designed or intended to come into
contact with the child while the product is used.
Notwithstanding any other provision of this Section, a
product is not a "children's product" for purposes of this Act
if:
(I) it may be used by or for the care of a child under
age 9, but it is designed or intended for use by the
general population or segments of the general population
and not solely or primarily for use by or the care of a
child; or
(II) it is a medication, drug, or food or is intended
to be ingested.
(b) "Commercial dealer" means any person who deals in
children's products or who otherwise by one's occupation holds
oneself out as having knowledge or skill peculiar to

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children's products, or any person who is in the business of
remanufacturing, retrofitting, selling, leasing, subletting,
or otherwise placing in the stream of commerce children's
products.
(b-5) "Manufacturer" means any person who makes and places
into the stream of commerce a children's product as defined by
this Act.
(b-10) "Importer" means any person who brings into this
country and places into the stream of commerce a children's
product.
(b-15) "Distributor" and "wholesaler" means any person,
other than a manufacturer or retailer, who sells or resells or
otherwise places into the stream of commerce a children's
product.
(b-20) "Retailer" means any person other than a
manufacturer, distributor, or wholesaler who sells, leases, or
sublets children's products.
(b-25) "First seller" means any retailer selling a
children's product that has not been used or has not
previously been owned. A first seller does not include an
entity such as a second-hand or resale store.
(c) "Person" means a natural person, firm, corporation,
limited liability company, or association, or an employee or
agent of a natural person or an entity included in this
definition.
(d) "Infant" means any person less than 35 inches tall and

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less than 3 years of age.
(e) "Crib" means a bed or containment designed to
accommodate an infant.
(f) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
(g) "Non-full-size crib" means a non-full-size crib as
defined in Section 1509.2 of Title 16 of the Code of Federal
Regulations regarding the requirements for non-full-size
cribs.
(h) "End consumer" means a person who purchases a
children's product for any purpose other than resale.
(Source: P.A. 94-11, eff. 6-8-05.)