§ 490-D — Product recall or warning requirements

§ 490-d. Product recall or warning requirements. 1. When a commercial\ndealer of children's products or durable juvenile products has made\navailable or placed for sale in this state a children's product or\ndurable juvenile product for which a recall or warning has been issued,\nthe commercial dealer must discontinue distribution of any recalled\nproduct and initiate the following process within twenty-four hours of\nissuing or receiving the recall or warning from the consumer product\nsafety commission:\n (a) Contact in writing any persons to whom it sold or otherwise made\navailable that particular children's product or durable juvenile product\nin this state and inform them of the recall or warning. The recall\nnotice shall direct all such persons to stop the sale or distribution of\nthe recalled product and provide directions on the disposition of such\nproduct;\n (b) If the commercial dealer maintains a website, such dealer must\nplace on the home page (or the first entry point) of its website a link\nto recall or warning information that contains the specific recall\nnotice or warning that was issued for the product in question;\n (c) Give notice of the recall or warning directly to the initial\nconsumer, if contact information for such consumer is known; and\n (d) Provide notification to the department of such recall or warning.\nAll notices under this subdivision must include in a clear and\nconspicuous fashion a description of the product, the reason for the\nrecall or warning, a picture of the product if available, and\ninstructions on how to return or exchange the recalled product. Such\nnotice shall include only the product recall or warning information and\nmay not include sales or marketing information on that product or any\nother product, excluding return and exchange policies.\n 2. (a) When a commercial dealer of children's products or durable\njuvenile products has sold or otherwise made available in this state a\nchildren's product or durable juvenile product for which a recall has\nbeen issued, and such commercial dealer receives such products back from\npurchaser, the commercial dealer shall take actions, consistent with\ncommonly accepted industry practices and with state and federal\nenvironmental standards, to ensure that no person shall use the recalled\nproduct unless and until the defect or other basis for the recall has\nbeen corrected on such recalled product.\n (b) The commercial dealer shall provide to the department\ncertification of disposition for such recalled products within ninety\ndays after the issuance of the recall, unless upon written application\nby such dealer the department determines an extension of time is\nwarranted.\n