Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 139-H.F.No. 987 
                  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.  [245A.146] [CRIB USE IN LICENSED CHILD CARE 
        SETTINGS.] 
           Subdivision 1.  [CONSUMER PRODUCT SAFETY WEB LINK.] 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. 
           Subd. 2.  [DOCUMENTATION REQUIREMENT FOR LICENSE 
        HOLDERS.] (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: 
           (1) the crib's brand name; and 
           (2) the crib's model number. 
           (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. 
           Subd. 3.  [LICENSE HOLDER CERTIFICATION OF CRIBS.] (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. 
           (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: 
           (1) the crib was not identified as unsafe on the United 
        States Consumer Product Safety Commission Web site; 
           (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 
           (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.  
           (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. 
           Subd. 4.  [CRIB SAFETY STANDARDS AND INSPECTION.] (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: 
           (1) no corner posts extend more than 1/16 of an inch; 
           (2) no spaces between side slats exceed 2.375 inches; 
           (3) no mattress supports can be easily dislodged from any 
        point of the crib; 
           (4) no cutout designs are present on end panels; 
           (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; 
           (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; 
           (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; 
           (8) no sharp edges, points, or rough surfaces are present; 
           (9) no wood surfaces are rough, splintered, split, or 
        cracked; 
           (10) there are no tears in mesh of fabric sides in 
        non-full-size cribs; 
           (11) no mattress pads in non-full-size mesh or fabric cribs 
        exceed one inch; and 
           (12) no gaps between the mattress and any sides of the crib 
        are present. 
           (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. 
           (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. 
           Subd. 5.  [COMMISSIONER INSPECTION.] 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. 
           Subd. 6.  [FAILURE TO COMPLY.] 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. 
           Sec. 2.  [325F.171] [CRIB SAFETY.] 
           Subdivision 1.  [DEFINITIONS.] (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. 
           (b) "Infant" means any person less than 35 inches tall and 
        less than three years of age. 
           (c) "Crib" means a bed or containment designed to 
        accommodate an infant. 
           (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. 
           (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. 
           (f) "Place in the stream of commerce" means to sell, offer 
        for sale, give away, offer to give away, or allow to use. 
           Subd. 2.  [UNSAFE CRIBS PROHIBITED.] (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. 
           (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. 
           (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: 
           (1) Code of Federal Regulations, title 16, part 1508, and 
        any regulations adopted to amend or supplement the regulations; 
           (2) Code of Federal Regulations, title 16, part 1509, and 
        any regulations adopted to amend or supplement the regulations; 
           (3) Code of Federal Regulations, title 16, part 1303, and 
        any regulations adopted to amend or supplement the regulations; 
           (4) the following standards and specifications of ASTM 
        International for corner posts of baby cribs and structural 
        integrity of baby cribs: 
           (i) ASTM F 966 (corner post standard); 
           (ii) ASTM F 1169 (structural integrity of full-size baby 
        cribs); 
           (iii) ASTM F 1822 (non-full-size cribs).  
           (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. 
           Subd. 3.  [RETROFITS.] (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: 
           (1) a description of the original problem that made the 
        crib unsafe; 
           (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 
           (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. 
           (b) A retrofit is exempt from this section if: 
           (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 
           (2) the seller of a previously unsold product accomplishes 
        the retrofit prior to sale. 
           Subd. 4.  [EXCEPTION.] 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. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 1 is effective January 1, 2006.  Section 2 is 
        effective January 1, 2006. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 1, 2005, 3:25 p.m.