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 in the event of a recall. Specifically, if a product is found to contain these harmful substances, an immediate recall must be issued, and retail establishments are required to remove the product from sale within 48 hours and return it to the supplier within 14 business days. Additionally, the manufacturer, distributor, or importer must destroy the recalled product within 60 business days to ensure it is rendered useless and disposed of safely.
The bill outlines penalties for violations, categorizing them into unlawful practices and criminal offenses. Knowingly selling or distributing a prohibited children's product is deemed an unlawful practice, while failing to comply with recall procedures can lead to criminal charges, escalating from a fourth-degree crime for a first offense to a second-degree crime for repeated offenses. The penalties include monetary fines, potential imprisonment, and other legal repercussions, emphasizing the seriousness of ensuring children's safety from hazardous materials in products designed for them.