This bill aims to enhance the safety of children's products by prohibiting the sale, distribution, import, or manufacture of any items intended for use by children under the age of six that contain lead, mercury, or cadmium. It establishes a clear definition of "children's product" and mandates that any manufacturer, distributor, or importer who discovers that their product contains these harmful metals must issue an immediate recall. Retail establishments are required to act swiftly by removing recalled products from displays within 48 hours and returning them to the supplier within 14 business days. Additionally, the bill outlines the responsibilities of manufacturers, distributors, or importers to destroy recalled products within 60 business days to ensure they are rendered useless and inaccessible to the public.
The legislation also sets forth 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 subsequent offenses. The bill emphasizes the importance of consumer safety and establishes significant consequences for non-compliance, including monetary penalties and potential imprisonment.