Section 490-D. Product recall or warning requirements  


Latest version.
  • 1. When a commercial
      dealer of children's products or  durable  juvenile  products  has  made
      available  or  placed  for  sale  in  this state a children's product or
      durable juvenile product for which a recall or warning has been  issued,
      the  commercial  dealer  must  discontinue  distribution of any recalled
      product and initiate the following process within twenty-four  hours  of
      issuing  or  receiving  the  recall or warning from the consumer product
      safety commission:
        (a) Contact in writing any persons to whom it sold or  otherwise  made
      available that particular children's product or durable juvenile product
      in  this  state  and  inform  them  of the recall or warning. The recall
      notice shall direct all such persons to stop the sale or distribution of
      the recalled product and provide directions on the disposition  of  such
      product;
        (b)  If  the  commercial  dealer maintains a website, such dealer must
      place on the home page (or the first entry point) of its website a  link
      to  recall  or  warning  information  that  contains the specific recall
      notice or warning that was issued for the product in question;
        (c) Give notice of the recall  or  warning  directly  to  the  initial
      consumer, if contact information for such consumer is known; and
        (d) Provide notification to the board of such recall or warning.
      All  notices  under  this  subdivision  must  include  in  a  clear  and
      conspicuous fashion a description of the product,  the  reason  for  the
      recall   or  warning,  a  picture  of  the  product  if  available,  and
      instructions on how to return or exchange  the  recalled  product.  Such
      notice  shall include only the product recall or warning information and
      may not include sales or marketing information on that  product  or  any
      other product, excluding return and exchange policies.
        2.  (a)  When  a  commercial  dealer of children's products or durable
      juvenile products has sold or otherwise made available in this  state  a
      children's  product  or  durable juvenile product for which a recall has
      been issued, and such commercial dealer receives such products back from
      purchaser, the commercial dealer shall  take  actions,  consistent  with
      commonly   accepted  industry  practices  and  with  state  and  federal
      environmental standards, to ensure that no person shall use the recalled
      product unless and until the defect or other basis for  the  recall  has
      been corrected on such recalled product.
        (b)  The commercial dealer shall provide to the board certification of
      disposition for such recalled products  within  ninety  days  after  the
      issuance  of  the recall, unless upon written application by such dealer
      the board determines an extension of time is warranted.