2017 -- H 5082 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING THE HEALTH AND SAFETY -- CHILD PRODUCTS AND UPHOLSTERED

FURNITURE

     Introduced By: Representatives Morin, Handy, Regunberg, Casey, and Ajello

     Date Introduced: January 12, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-26 of the General Laws entitled "Bedding and Upholstered

Furniture" is hereby amended by adding thereto the following section:

     23-26-3.1. Sale prohibition.

     (a) Beginning on July 1, 2019, no manufacturer, wholesaler, or retailer may manufacture,

knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding

or furniture, which contains one hundred parts per million (100 ppm), or greater of any

organohalogen flame retardant chemical. This class includes any chemical containing the element

bromine or chlorine bonded to carbon that is added to a plastic, foam, or textile.

     (b) A manufacturer of products that are banned from sale under this section, must notify

persons or entities that sell the manufactured products in this state about the provisions of this

section no less than ninety (90) days prior to the effective date of the ban.

     SECTION 2. Sections 23-26-25 and 23-26-27 of the General Laws in Chapter 23-26

entitled "Bedding and Upholstered Furniture" are hereby amended to read as follows:

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits.

     (a) The director is hereby authorized and empowered to make general rules and

regulations and specific rulings, demands, and findings for the enforcement of this chapter, in

addition hereto and not inconsistent herewith. The director may suspend or revoke any permit or

registration for violation of any provision of this chapter, or any rule, regulation, ruling, or

demand made pursuant to the authority granted by this chapter.

     (b) The director of the department of health shall investigate and enforce the provisions

of §23-26-3.1, and promulgate rules and regulations deemed necessary to enforce it.

     23-26-27. Penalty for violations.

     Any person who:

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this

chapter; or

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

preparing cotton or other material therefor which has been used as a mattress, pillow, or bedding

in any public or private hospital, or which has been used by or about any person having an

infectious or contagious disease, and which after such use has not been sterilized and approved

for use, by the director of business regulation; or

     (3) Counterfeits or imitates any stamp or permit issued under this chapter shall be guilty

of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or by

imprisonment for not more than six (6) months or both.

     (4) Any person or entity that violates the provisions of §23-26-3.1 shall be civilly fined

not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars

($10,000) for each subsequent violation.

     SECTION 3. Sections 23-75-3 and 23-75-8 of the General Laws in Chapter 23-75

entitled "Children's Product Safety Act" are hereby amended to read as follows:

     23-75-3. Unsafe children's products -- Prohibition.

     (a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease,

sublet, or otherwise place in the stream of commerce, on or after January 1, 2004, a children's

product that is unsafe.

     (b) A children's product is deemed to be unsafe for purposes of this chapter if it meets

any of the following criteria:

     (1) It does not conform to all federal laws and regulations setting forth standards for the

children's product.

     (2) It has been recalled for any reason by an agency of the federal government or the

product's manufacturer, distributor, or importer and the recall has not been rescinded.

     (3) An agency of the federal government has issued a warning that a specific product's

intended use constitutes a safety hazard and the warning has not been rescinded.

     (c) A crib is presumed to be unsafe for purposes of this chapter if it does not conform to

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the standards endorsed or established by the Consumer Product Safety Commission, including,

but not limited to, title 16 of the Code of Federal Regulations and the American Society for

Testing and Materials, as follows:

     (1) 16 CFR Part 1508 and any regulations adopted to amend or supplement the

regulations.

     (2) 16 CFR Part 1509 and any regulations adopted to amend or supplement the

regulations.

     (3) 16 CFR Part 1303 and any regulations adopted to amend or supplement the

regulations.

     (4) The following standards and specifications of the American Society for Testing

Materials for corner posts of baby cribs and structural integrity of baby cribs:

     (i) ASTM F 966-90 (corner post standard).

     (ii) ASTM F 1169-88 (structural integrity of full-size baby cribs).

     (iii) ASTM F 1822-97 (non-full-size cribs).

     (d) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the

following dangerous features or characteristics:

     (1) Corner posts that extend more than one-sixteenth (1/16) of an inch.

     (2) Spaces between side slats more than 2.375 inches.

     (3) Mattress support that can be easily dislodged from any point of the crib. A mattress

segment can be easily dislodged if it cannot withstand at least a twenty-five (25) pound upward

force from underneath the crib.

     (4) Cutout designs on the end panels.

     (5) Rail height dimensions that do not conform to both of the following:

     (i) The height of the rail and end panel as measured from the top of the rail or panel in its

lowest position to the top of the mattress support in its highest position is at least nine (9) inches.

     (ii) The height of the rail and end panel as measured from the top of the rail or panel in its

highest position to the top of the mattress support in its lowest position is at least twenty-six (26)

inches.

     (6) Any screws, bolts, or hardware that are loose and not secured.

     (7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and

free from splinters, splits, or cracks.

     (8) Tears in mesh or fabric sides in a non-full-size crib.

     (9) A non-full-size crib that folds in a "V" shape design does not have top rails that

automatically lock into place when the crib is fully set up.

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     (10) The mattress pad in a non-full-size mesh/fabric crib exceeds one inch (1").

     (e) Beginning on July 1, 2018, no manufacturer, wholesaler, or retailer may manufacture,

knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding

or furniture, which contains one hundred parts per million (100 ppm), or greater of any

organohalogen flame retardant chemical. This class includes any chemical containing the element

bromine or chlorine bonded to carbon that is added to a plastic, foam, or textile.

     (f) A manufacturer of products that are banned from sale under this section, must notify

persons or entities that sell the manufactured products in this state about the provisions of this

section no less than ninety (90) days prior to the effective date of the ban.

     23-75-8. Penalty.

     (a) A commercial user who willfully and knowingly violates § 23-75-6 is guilty of a

misdemeanor.

     (b) Any person or entity that violates the provisions of §23-75-3(a) shall be civilly fined

not to exceed five thousand dollars ($5,000) for the first violation, and up to ten thousand dollars

($10,000) for each subsequent violation.

     SECTION 4. Chapter 23-75 of the General Laws entitled "Children's Product Safety Act"

is hereby amended by adding thereto the following section:

     23-75-9. Enforcement.

     The director of the department of health shall investigate and enforce the provisions of

§23-75-3(e), and promulgate rules and regulations deemed necessary to enforce it.

     SECTION 5. This act shall take effect July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING THE HEALTH AND SAFETY -- CHILD PRODUCTS AND UPHOLSTERED

FURNITURE

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     This act would prohibit the manufacture, sale, and distribution of residential upholstered

furniture and upholstered bedding and children's products that contain certain amounts of a

chemical containing the element bromide or chlorine bonded to carbon that is added to a plastic,

foam, or textile.

     This act would take effect July 1, 2019.

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