This bill aims to prohibit the sale, distribution, import, or manufacture of children's products intended for use by children under the age of six if they contain, are composed of, or are made with lead, mercury, or cadmium. It defines "children's product" and establishes the responsibilities of manufacturers, distributors, and retailers regarding recalls of such products. Specifically, if a product is found to contain these hazardous materials, an immediate recall must be issued, and retail establishments are required to remove the product from sale and return it to the supplier within specified timeframes. Additionally, the bill mandates that recalled products must be destroyed and disposed of properly to prevent public access.
The bill outlines penalties for violations, categorizing them into unlawful practices and criminal offenses. Knowingly selling or distributing non-compliant children's products is deemed an unlawful practice, while failing to adhere to recall procedures can lead to criminal charges, escalating from a fourth-degree crime for a first offense to a second-degree crime for repeated violations. The penalties include monetary fines, potential imprisonment, and other legal repercussions under the consumer fraud act. Overall, the legislation seeks to enhance the safety of children's products and protect young consumers from harmful substances.