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Senate Bill 95 |
Senate Author: Van de Putte et al. |
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Effective: 9-1-09 |
House Sponsor: Menendez |
Senate Bill 95 amends the Human Resources Code to prohibit a licensed day-care center, licensed group day-care home, or registered family home from using, or having on its premises, an unsafe children's product, unless the product is an antique or collectible children's product, or is being retrofitted to make it safe, and is not used by or accessible to any child in the facility. The bill establishes a presumption that a children's product is unsafe if it has been recalled for any reason by the U.S. Consumer Product Safety Commission (CPSC) and the recall has not been rescinded. An exception to the presumption applies if a product that has been recalled has been remanufactured or retrofitted so that it is safe. The bill requires the Department of Family and Protective Services (DFPS) to include on its Internet website a link to the CPSC website. It requires the DFPS to notify a child-care facility subject to the bill of the bill's provisions during a pre-application interview for a license, registration, or certification, and also during an inspection. The bill requires each affected child-care facility, at least annually, to certify that it has reviewed each of the bulletins and notices issued by the CPSC regarding unsafe children's products and that there are no unsafe prohibited products in the facility. The bill requires a facility to include, in the sign it posts describing reporting requirements applicable to the facility and certain childhood diseases and syndromes, a description of how to access a listing of unsafe children's products via the CPSC or DFPS websites.