Edgar, Charles M., Jr.

Medina, Carolyn P.

Romley, Mark Ted

Taft, Jill A.

English

DOCS@RWU

Roger Williams University Law ReviewVolume 8 | Issue 2 Article 31Spring 20032002 Survey of Rhode Island Law: Legislation:Public Health and Safety: An Act Relating to Healthand Safety - Child Product SafetyCharles M. Edgar Jr.Roger Williams University School of LawMark Ted RomleyRoger Williams University School of LawJill A. TaftRoger Williams University School of LawCarolyn P. MedinaRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationEdgar, Charles M. Jr.; Romley, Mark Ted; Taft, Jill A.; and Medina, Carolyn P. (2003) "2002 Survey of Rhode Island Law: Legislation:Public Health and Safety: An Act Relating to Health and Safety - Child Product Safety," Roger Williams University Law Review: Vol. 8:Iss. 2, Article 31.Available at: http://docs.rwu.edu/rwu_LR/vol8/iss2/31602 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 8:421Products Liability. An Act Relating to Health and Safety -Child Product Safety. The Act provides that it is unlawful toremanufacture, retrofit, sell, contract to sell or resell, lease, sublet,or otherwise place an unsafe children's product in the stream ofcommerce. The Act also provides that the Department of Healthwill maintain an ongoing comprehensive list of all unsafe chil-dren's products, which will be available to the public and posted onthe Internet. Additionally, any unsafe children's product for whichan appropriate federal agency approves a retrofit may be sold onlyif accompanied by a notice describing the original problem, ex-plaining how the retrofit addresses the problem and declaring theproduct safe. Effective June 28, 2002. 2002 R.I. Pub. Laws ch.410.SUMMARYThis legislation amends title 23 of the Rhode Island GeneralLaws entitled Health and Safety by adding chapter 75. The Chil-dren's Product Safety Act (Act) prohibits any commercial user fromremanufacturing, retrofitting, selling, contracting to sell or resell,leasing, subletting, or otherwise placing an unsafe children's prod-uct in the stream of commerce on or after January 1, 2004.1 TheAct defines a "commercial user" as any "person who deals in chil-dren's products" or who "holds oneself out as having knowledge orskill peculiar to children's products" or who is "in the business ofremanufacturing, retrofitting, selling, leasing, subletting or other-wise placing in the stream of commerce children's products."2Under the Act, a children's product is unsafe if it does notmeet federal standards for the children's product, has been recal-led, or if an agency of the federal government has issued a warningabout the safety of the product.3 Additional requirements for chil-dren's cribs are listed, which if not met, would render a crib un-safe.4 The Act also provides that the Department of Health willmaintain a list of all children's products found to be unsafe. 5 This1. 2002 R.I. Pub. Laws ch. 410 (codified as amended at R.I. GEN LAws § 23-75-3(a) (2002)).2. R.I. GEN LAWS § 23-75-2(2) (2002).3. Id. § 23-75-3(b)(1)-(3).4. Id. § 23-75-3(c)-(d).5. Id. § 23-75-4(a).SURVEY SECTIONlist will be made available to the public at no cost and will beposted on the Internet.6In addition, the Act mandates that all child day care centersremove any unsafe children's product from its premises on orbefore January 1, 2004.7 The Department of Children, Youth andFamilies (DCYF) will inform child day care centers of the Act's pro-visions and provide ongoing notice of any products found to be un-safe.8 The child day care centers shall maintain a file of all suchnotices and bulletins from DCYF and/or the Department ofHealth. 9 This file must be accessible to parents and staff of thechild day care center. 10 As part of the licensing process, child daycare centers will be required to certify in writing that all bulletinsand notices from DCYF have been reviewed and filed, and that thefacility is free of all unsafe children's products."Finally, the Act requires that any children's product to be soldafter a federally approved retrofit must be accompanied by a noticedeclaring that the product is safe for use by children under sixyears of age. 12 The notice must state the original problem, explainhow the retrofit addresses this problem, and include the name andaddress of the commercial user who performs the retrofit alongwith the product name and model number.' 3 Retrofits are only ex-empt if the child's product is assembled by the consumer and theretrofit, along with instructions, is provided at the time of sale or ifit is sold for the first time after a retrofit is completed.14Knowing and willful violation of this act by a commercial useris a misdemeanor.' 5Carolyn P. Medina6. Id. § 23-75-4(b).7. Id. § 23-75-5(a).8. Id. § 23-75-5(b).9. Id. § 23-75-5(e).10. Id.11. Id. § 23-75-5(d).12. Id. § 23-75-6(a).13. Id. § 23-75-6(a)(1)-(3).14. Id. § 23-75-6(b)(1)-(2).15. Id. § 23-75-8.2003] 603

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