§ 23-75-5 - Unsafe children's products – Child care.

SECTION 23-75-5

   § 23-75-5  Unsafe children's products– Child care. – (a) A child day care center may not use or have on the premises, on or afterJanuary 1, 2004, an unsafe children's product as described in § 23-75-3.This subsection does not apply to an antique or collectible children's productif it is not used by, or accessible to, any child in the child care facility.

   (b) The department of children, youth and families shallnotify child day care centers, on an ongoing basis, of the provisions of thissection and the "Children's Product Safety Act" and of unsafe children'sproducts, as determined in accordance with this chapter, in plain,non-technical language that will enable each child day care center toeffectively inspect children's products and identify unsafe children's products.

   (c) The department of children, youth and families shalladopt rules to carry out the purposes of this chapter.

   (d) Each child day care center shall, as part of thelicensing, licensing renewal, or periodic update process conducted by thedepartment of children, youth and families certify in writing that it hasreviewed each of the bulletins and notices issued by the department of healthregarding unsafe children's products, and that there are no unsafe products inthe facility.

   (1) The department of children, youth and families shallprepare a certification form, and shall require each facility to complete thecertification form in the process of licensing, renewal, or periodic update.

   (2) The department of children, youth and families shallretain the certification form completed by each facility in each respectivefacility's licensing file.

   (e) Each child day care center shall maintain a filecontaining all bulletins, notices, or both issued by the department of healthand/or the department of children, youth and families regarding unsafechildren's products, and shall make the file accessible to the facility staffmembers and to parents of the children who attend the day care center.

   (f) The department of children, youth and families may revokeor refuse to renew the license of any child day care center or refuse to issuefull license to the holder of a permit should the licensee or holder of apermit not comply with any section of this chapter.