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HF 987

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to child safety; prohibiting the sale and
commercial use of certain cribs; providing
enforcement; proposing coding for new law in Minnesota
Statutes, chapters 245A; 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [245A.146] CRIB USE IN LICENSED CHILD CARE
SETTINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Consumer product safety web link. new text end

new text begin The
commissioner shall maintain a link from the licensing division
Web site to the United States Consumer Product Safety Commission
Web site that addresses crib safety information.
new text end

new text begin Subd. 2. new text end

new text begin Documentation requirement for license
holders.
new text end

new text begin (a) Effective January 1, 2006, all licensed child care
providers must maintain the following documentation for every
crib used by or that is accessible to any child in care:
new text end

new text begin (1) the crib's brand name; and
new text end

new text begin (2) the crib's model number.
new text end

new text begin (b) Any crib for which the license holder does not have the
documentation required under paragraph (a) must not be used by
or be accessible to children in care.
new text end

new text begin Subd. 3. new text end

new text begin License holder certification of cribs. new text end

new text begin (a)
Annually, from the date printed on the license, all license
holders shall check all their cribs' brand names and model
numbers against the United States Consumer Product Safety
Commission Web site listing of unsafe cribs.
new text end

new text begin (b) The license holder shall maintain written documentation
to be reviewed on site for each crib showing that the review
required in paragraph (a) has been completed, and which of the
following conditions applies:
new text end

new text begin (1) the crib was not identified as unsafe on the United
States Consumer Product Safety Commission Web site;
new text end

new text begin (2) the crib was identified as unsafe on the United States
Consumer Product Safety Commission Web site, but the license
holder has taken the action directed by the United States
Consumer Product Safety Commission to make the crib safe; or
new text end

new text begin (3) the crib was identified as unsafe on the United States
Consumer Product Safety Commission Web site, and the license
holder has removed the crib so that it is no longer used by or
accessible to children in care.
new text end

new text begin (c) Documentation of the review completed under this
subdivision shall be maintained by the license holder on site
and made available to parents of children in care and the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Crib safety standards and inspection. new text end

new text begin (a) On at
least a monthly basis, the license holder shall perform safety
inspections of every crib used by or that is accessible to any
child in care, and must document the following:
new text end

new text begin (1) no corner posts extend more than 1/16 of an inch;
new text end

new text begin (2) no spaces between side slats exceed 2.375 inches;
new text end

new text begin (3) no mattress supports can be easily dislodged from any
point of the crib;
new text end

new text begin (4) no cutout designs are present on end panels;
new text end

new text begin (5) no heights of the rail and end panel are less than 26
inches when measured from the top of the rail or panel in the
highest position to the top of the mattress support in its
lowest position;
new text end

new text begin (6) no heights of the rail and end panel are less than nine
inches when measured from the top of the rail or panel in its
lowest position to the top of the mattress support in its
highest position;
new text end

new text begin (7) no screws, bolts, or hardware are loose or not secured,
and there is no use of woodscrews in components that are
designed to be assembled and disassembled by the crib owner;
new text end

new text begin (8) no sharp edges, points, or rough surfaces are present;
new text end

new text begin (9) no wood surfaces are rough, splintered, split, or
cracked;
new text end

new text begin (10) there are no tears in mesh of fabric sides in
non-full-size cribs;
new text end

new text begin (11) no mattress pads in non-full-size mesh or fabric cribs
exceed one inch; and
new text end

new text begin (12) no gaps between the mattress and any sides of the crib
are present.
new text end

new text begin (b) Upon discovery of any unsafe condition identified by
the license holder during the safety inspection required under
paragraph (a), the license holder shall immediately remove the
crib from use and ensure that the crib is not accessible to
children in care, and as soon as practicable, but not more than
two business days after the inspection, remove the crib from the
area where child care services are routinely provided for
necessary repairs or to destroy the crib.
new text end

new text begin (c) Documentation of the inspections and actions taken with
unsafe cribs required in paragraphs (a) and (b) shall be
maintained on site by the license holder and made available to
parents of children in care and the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner inspection. new text end

new text begin During routine
licensing inspections, and when investigating complaints
regarding alleged violations of this section, the commissioner
shall review the provider's documentation required under
subdivisions 3 and 4.
new text end

new text begin Subd. 6. new text end

new text begin Failure to comply. new text end

new text begin The commissioner may issue a
licensing action under section 245A.06 or 245A.07 if a license
holder fails to comply with the requirements of this section.
new text end

Sec. 2.

new text begin [325F.171] CRIB SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Commercial user" means
any person who deals in cribs or who otherwise by one's
occupation holds oneself out as having knowledge or skill
peculiar to cribs, or any person who is in the business of
remanufacturing, retrofitting, selling, leasing, subletting, or
otherwise placing cribs in the stream of commerce.
new text end

new text begin (b) "Infant" means any person less than 35 inches tall and
less than three years of age.
new text end

new text begin (c) "Crib" means a bed or containment designed to
accommodate an infant.
new text end

new text begin (d) "Full-size crib" means a full-size crib as defined in
the Code of Federal Regulations, title 16, section 1508.3,
regarding the requirements for full-size cribs.
new text end

new text begin (e) "Non-full-size crib" means a non-full-size crib as
defined in the Code of Federal Regulations, title 16, section
1509.2, regarding the requirements for non-full-size cribs.
new text end

new text begin (f) "Place in the stream of commerce" means to sell, offer
for sale, give away, offer to give away, or allow to use.
new text end

new text begin Subd. 2. new text end

new text begin Unsafe cribs prohibited. new text end

new text begin (a) No commercial user
may remanufacture, retrofit, sell, contract to sell or resell,
lease, sublet, or otherwise place any unsafe crib in the stream
of commerce on or after January 1, 2006.
new text end

new text begin (b) On or after January 1, 2006, no person operating a
hotel, motel, or lodging establishment shall provide any unsafe
crib to any guest, either with or without charge, for use during
the guest's stay. For the purposes of this paragraph, "hotel,"
"motel," and "lodging establishment" have the meanings given
them in section 157.15.
new text end

new text begin (c) A crib is presumed to be unsafe for purposes of this
section if it does not conform to the standards endorsed or
established by the United States Consumer Product Safety
Commission, including but not limited to the Code of Federal
Regulations, title 16, and ASTM International, as follows:
new text end

new text begin (1) Code of Federal Regulations, title 16, part 1508, and
any regulations adopted to amend or supplement the regulations;
new text end

new text begin (2) Code of Federal Regulations, title 16, part 1509, and
any regulations adopted to amend or supplement the regulations;
new text end

new text begin (3) Code of Federal Regulations, title 16, part 1303, and
any regulations adopted to amend or supplement the regulations;
new text end

new text begin (4) the following standards and specifications of ASTM
International for corner posts of baby cribs and structural
integrity of baby cribs:
new text end

new text begin (i) ASTM F 966 (corner post standard);
new text end

new text begin (ii) ASTM F 1169 (structural integrity of full-size baby
cribs);
new text end

new text begin (iii) ASTM F 1822 (non-full-size cribs).
new text end

new text begin (d) A crib is exempt from the provisions of this section if
it is not intended for use by an infant; and at the time of
selling, contracting to resell, leasing, subletting or otherwise
placing the crib in the stream of commerce, the commercial user
attaches a written notice to the crib declaring that it is not
intended to be used for an infant and is unsafe for use by an
infant. A commercial user who complies with this paragraph is
not liable for use of the crib contrary to the notice provided.
new text end

new text begin Subd. 3. new text end

new text begin Retrofits. new text end

new text begin (a) An unsafe crib, as determined
under subdivision 2, may be retrofitted if the retrofit has been
approved by the United States Consumer Product Safety
Commission. A retrofitted crib may be sold if it is accompanied
at the time of sale by a notice stating that it is safe to use
for a child under three years of age. The commercial user is
responsible for ensuring that the notice is present with the
retrofitted crib at the time of sale. The notice must include:
new text end

new text begin (1) a description of the original problem that made the
crib unsafe;
new text end

new text begin (2) a description of the retrofit that explains how the
original problem was eliminated and declares that the crib is
now safe to use for a child under three years of age; and
new text end

new text begin (3) the name and address of the commercial user who
accomplished the retrofit certifying that the work was done
along with the name and model number of the crib.
new text end

new text begin (b) A retrofit is exempt from this section if:
new text end

new text begin (1) the retrofit is for a crib that requires assembly by
the consumer, the approved retrofit is provided with the product
by the commercial user, and the retrofit is accompanied at the
time of sale by instructions explaining how to apply the
retrofit; or
new text end

new text begin (2) the seller of a previously unsold product accomplishes
the retrofit prior to sale.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin A commercial user does not violate
this section if the crib placed in the stream of commerce by the
commercial user was not included on the consumer product safety
commission's list during the entire 14-day period before this
placement.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006. Section 2 is
effective January 1, 2006.
new text end