HB 467

1	A bill to be entitled
2	An act relating to toy safety; creating the "Children's
3	Toys Safety Act"; providing legislative findings and
4	intent relating to the distribution of unsafe toys in this
5	state; providing definitions; requiring each manufacturer
6	of children's toys that are to be sold in this state to
7	notify each retailer selling the toys which toys do not
8	conform to the consumer product safety standards of the
9	United States Consumer Product Safety Commission and are
10	banned hazardous products; requiring each manufacturer to
11	label each unsafe toy warning the consumer that the toy
12	does not meet the safety standards; requiring each
13	retailer to erect signs in each retail aisle identifying
14	which unsafe toys the retailer is selling; requiring that
15	any test for safety be conducted by a nongovernmental,
16	independent third party that is qualified to perform such
17	tests; providing for injunctive relief; requiring the
18	enforcing authority to issue and enforce a written stop-
19	sale order under certain circumstances; providing for the
20	distribution of the children's toys after the manufacturer
21	labels each toy that is not in compliance with applicable
22	safety standards; providing that any manufacturer who
23	violates the act is subject to a specified fine for each
24	toy not meeting the safety standards; providing that a
25	retailer is subject to a fine for not erecting signs to
26	identify unsafe toys that are sold in the store; providing
27	an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Children's toy safety.--
32	(1)  This section may be cited as the "Children's Toys
33	Safety Act."
34	(2)  The Legislature finds that there is a need to prevent
35	dangerous toys intended for children from being introduced into
36	the marketplace. The Legislature also finds that by requiring
37	independent third-party testing and certification of a toy's
38	safety, manufacturers of children's toys will be compelled to
39	comply with the consumer product safety standards of the United
40	States Consumer Product Safety Commission. Therefore, it is the
41	intent of this section to require manufacturers to certify that
42	their toys are in compliance with the consumer product safety
43	standards set by the United States Consumer Product Safety
44	Commission.
45	(3)  As used in this section, the term:
46	(a)  "Children's toy" means a toy or other article that is
47	intended for use by a child 60 months of age or younger. In
48	determining whether a toy or article is intended for use by a
49	child 60 months of age or younger, the following factors shall
50	be considered:
51	1.  A statement by a manufacturer about the intended use of
52	the toy, including a label on the toy or article, if such
53	statement is reasonable.
54	2.  The context and manner of the advertising, promotion,
55	and marketing associated with the toy or article.
56	3.  Whether the toy or other object is commonly recognized
57	by consumers as being intended for use by a child 60 months of
58	age or younger.
59	(b)  "Enforcing authority" means the Department of
60	Agriculture and Consumer Services.
61	(c)  "Independent third party" means a nongovernmental,
62	independent testing entity that is physically separate from any
63	manufacturer or private labeler whose toy will be tested by the
64	entity and that is not owned, managed, controlled, or directed
65	by a manufacturer or private labeler.
66	(4)  Each manufacturer and each private labeler of a toy,
67	if it bears a private label, which makes children's toys that
68	are to be sold in this state and that are subject to the
69	consumer product safety standards of the United States Consumer
70	Product Safety Commission must notify each retailer selling the
71	manufacturer's toys whenever it has been determined by an
72	independent third party that one of its toys is not in
73	compliance with the consumer product safety standards and is a
74	hazardous product under the standards. If the retailer chooses
75	to sell the unsafe children's toy, the manufacturer must affix
76	on each toy delivered to the retailer a label that states that
77	the toy does not meet the consumer product safety standards of
78	the United States Consumer Product Safety Commission.
79	(5)  If a retailer selling children's toys has been advised
80	by a manufacturer that an independent third party has determined
81	that a toy sold by the retailer is not in compliance with the
82	consumer product safety standards and is a hazardous product
83	under the standards and if the retailer nevertheless chooses to
84	sell the toy, the retailer must erect signs in every retail
85	aisle in which toys are sold identifying the toy that does not
86	meet the consumer product safety standards.
87	(6)  Any test or testing program to determine the safety of
88	toys to be sold must be conducted by an independent third party
89	that is qualified to perform such tests or testing programs.
90	(7)(a)  The enforcing authority may bring an action for
91	injunctive relief against any manufacturer that violates this
92	section.
93	(b)  If the enforcing authority finds that a children's toy
94	being distributed does not meet the consumer product safety
95	standards of the United States Consumer Product Safety
96	Commission and does not have a label warning the consumer that
97	it is an unsafe toy, the enforcing authority shall issue and
98	enforce a written stop-sale order. The stop-sale order must warn
99	distributors to segregate any lot of toys in any manner until
100	written permission is given by the enforcing authority to
101	recommence distribution. The enforcing authority shall release
102	for distribution the lot of children's toys subject to a stop-
103	sale order only after the manufacturer has affixed to each toy a
104	label that states that the toy does not meet the applicable
105	consumer product safety standards.
106	(c)1.  A manufacturer shall be fined $500 for each
107	children's toy found in a retail store which is not in
108	compliance with the consumer product safety standards and does
109	not have a warning label affixed to the toy.
110	2.  A retailer shall be fined $1,000 for each retail store
111	aisle in which an unsafe children's toy is found and which does
112	not have a sign identifying each unsafe toy sold in the aisle.
113	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.