§ 46:2704 — Unsafe children's product defined

Louisiana § 46:2704

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§2704. Unsafe children's product defined
A. A children's product is unsafe for purposes of this Chapter if it meets one or more
of the following criteria:
(1) The children's product does not conform to all federal laws and regulations
setting forth standards for the children's product.
(2) The children's product has been recalled for any reason by a federal agency, the
product's manufacturer, distributor, or importer; the recall has not been rescinded; and the
children's product has been listed by the consumer protection section as a recalled product.
(3) A federal agency has issued a warning that a specific children's product's intended
use constitutes a safety hazard and the warning has not been rescinded.
B. For the purposes of this Chapter, a crib is unsafe if it does not conform to the
standards endorsed or established by the Consumer Product Safety Commission, pursuant
to 16 CFR 1500.1 et seq.
C.(1) An unsafe children's product, which meets the criteria established pursuant to
this Section, may be retrofitted, if the retrofit has been approved by the federal agency issuing
the recall or warning or the federal agency responsible for approving the retrofit, if such
agency is different from the federal agency issuing the recall or warning. A retrofitted
children's product may be sold if it is accompanied at the time of sale by a notice declaring
that it is safe to use. The notice shall include all of the following:
(a) A description of the original problem that made the recalled children's product
unsafe.
(b) A description of the retrofit that explains how the original problem was
eliminated and declaring that it is now safe to use.
(c) 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 product
retrofitted. The commercial user is responsible for ensuring that the notice is present with the
retrofitted product at the time of sale.
(2) A retrofit does not need to comply with this Chapter if either of the following
applies:
(a) The retrofit is for a children's product 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.
(b) The seller of a previously unsold children's product accomplishes the repair prior
to sale and the repair is approved or recommended by a federal agency.

Legislative History

Acts 2001, No. 1164, §1; Acts 2018, No. 206, §5.