§ 23-75-3. Unsafe children's products — Prohibition.
(a) No commercial user may remanufacture, retrofit, sell, contract to sell or resell,
lease, sublet, or otherwise place in the stream of commerce, on or after January 1,
2004, a children's product that is unsafe.
(b) A children's product is deemed to be unsafe for purposes of this chapter if it meets
any of the following criteria:
(1) It does not conform to all federal laws and regulations setting forth standards for
the children's product.
(2) It has been recalled for any reason by an agency of the federal government or the
product's manufacturer, distributor, or importer and the recall has not been rescinded.
(3) An agency of the federal government has issued a warning that a specific product's
intended use constitutes a safety hazard and the warning has not been rescinded.
(c) A crib is presumed to be unsafe for purposes of this chapter if it does not conform
to the standards endorsed or established by the Consumer Product Safety Commission,
including, but not limited to, title 16 of the Code of Federal Regulations and the
American Society for Testing and Materials, as follows:
(1) 16 C.F.R. Part 1508 and any regulations adopted to amend or supplement the regulations.
(2) 16 C.F.R. Part 1509 and any regulations adopted to amend or supplement the regulations.
(3) 16 C.F.R. Part 1303 and any regulations adopted to amend or supplement the regulations.
(4) The following standards and specifications of the American Society for Testing and
Materials for corner posts of baby cribs and structural integrity of baby cribs:
(i) ASTM F 966-90 (corner post standard).
(ii) ASTM F 1169-88 (structural integrity of full-size baby cribs).
(iii) ASTM F 1822-97 (non-full-size cribs).
(d) Cribs that are unsafe shall include, but not be limited to, cribs that have any of
the following dangerous features or characteristics:
(1) Corner posts that extend more than one-sixteenth (⅟�₆) of an inch.
(2) Spaces between side slats more than 2.375 inches.
(3) Mattress support that can be easily dislodged from any point of the crib. A mattress
segment can be easily dislodged if it cannot withstand at least a twenty-five-pound
(25) upward force from underneath the crib.
(4) Cutout designs on the end panels.
(5) Rail height dimensions that do not conform to both of the following:
(i) The height of the rail and end panel as measured from the top of the rail or panel
in its lowest position to the top of the mattress support in its highest position
is at least nine inches (9″).
(ii) The height of the rail and end panel as measured from the top of the rail or panel
in its highest position to the top of the mattress support in its lowest position
is at least twenty-six inches (26″).
(6) Any screws, bolts, or hardware that are loose and not secured.
(7) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and
free from splinters, splits, or cracks.
(8) Tears in mesh or fabric sides in a non-full-size crib.
(9) A non-full-size crib that folds in a "V� shape design does not have top rails that
automatically lock into place when the crib is fully set up.
(10) The mattress pad in a non-full-size mesh/fabric crib exceeds one inch (1″).
(e) Beginning on January 1, 2020, no manufacturer, wholesaler, or retailer may manufacture,
knowingly sell, offer for sale, or distribute for use in this state any residential
upholstered bedding or furniture that contains one thousand parts per million (1,000
ppm), or greater of any non-polymeric organohalogen flame retardant chemical. This
class includes any chemical containing the element bromine or chlorine bonded to carbon
that is added to a plastic, foam, fabric, or textile.
(f) Internal electric and electronic components of residential upholstered furniture or
bedding or residential furniture or bedding sold for use in commercial or public spaces
are not subject to the restrictions in this section.
(g) A manufacturer of products that are banned from sale under this section must notify
persons or entities that sell the manufactured products in this state about the provisions
of this section no less than ninety (90) days prior to the effective date of the ban.
(h) The prohibition and any related regulations shall not apply to products sold or in
use prior to January 1, 2020.