Bill Text: IN HB1166 | 2011 | Regular Session | Introduced
Bill Title: Resale or donation of items with lead paint.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-10 - First reading: referred to Committee on Public Health [HB1166 Detail]
Download: Indiana-2011-HB1166-Introduced.html
Citations Affected: IC 24-5-27.
Synopsis: Resale or donation of items with lead paint. Prohibits a
retailer or distributor from selling, reselling, distributing, or donating
toys or child care articles that have been recalled because of federal
lead paint limits. Requires a retailer or distributor to remove a recalled
product from availability for purchase or distribution from the retailer
or distributor not later than 24 hours after being notified of the recall
because of lead paint. Subjects a violator to the same penalties and
actions as a person who commits a deceptive act. Provides an
affirmative defense for consignment shops and resale stores.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Public Health.
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Chapter 27. Removal of Recalled Products
Sec. 1. As used in this chapter, "child care article" means a product designed or intended by the manufacturer to:
(1) facilitate the sleep, relaxation, or feeding of a child; or
(2) help a child with sucking or teething.
Sec. 2. As used in this chapter, "recalled product" means a toy or child care article that has been recalled from sale:
(1) by the order of a court or a regulatory body; or
(2) voluntarily by the manufacturer, distributor, or retailer;
because of lead paint limits set forth in 15 U.S.C. 1278a(a)(2).
Sec. 3. As used in this chapter, "toy" means an article designed and made for the amusement of a child or for the child's use in play.
Sec. 4. (a) A retailer or distributor may not sell, resell,
distribute, or donate a recalled product.
(b) A retailer or distributor shall remove a recalled product
from availability for purchase or distribution from the retailer or
distributor not later than twenty-four (24) hours after receiving
notification from a:
(1) court;
(2) regulatory body; or
(3) manufacturer, distributor, or retailer, if the recall was
voluntary;
that the product is a recalled product.
Sec. 5. (a) A retailer or distributor that:
(1) sells, resells, distributes, or donates a recalled product; or
(2) fails to remove a recalled product from availability for
purchase or distribution from the retailer or distributor;
not later than twenty-four (24) hours after receiving notification
that the product is a recalled product, as required by section 4 of
this chapter, is subject to the same penalties and actions that a
person who commits a deceptive act is subject to under IC 24-5-0.5.
(b) A consignment or resale store shall make a reasonable effort
to determine if any product the consignment or resale store has for
sale is a recalled product.
(c) It is a defense to an action brought under subsection (a) for
a consignment or resale store if there is no identifying information
or packaging on a recalled product.
