Frequently Asked Questions - Durable Juvenile Product Manufacturer

What is a Durable Juvenile Product?

“Durable Juvenile Product” means products intended for use, or that may be reasonably expected to be used, by children under the age of five (5) years including: cribs, bath seats, stationary activity centers, walkers, children’s folding chairs, infant bath tubs, toddler beds, gates/enclosures for confining a child, swings, high chairs, infant carriers, bassinets/cradles, changing tables, infant slings, booster seats/hook on chairs, play yards, strollers, bed rails, infant bouncers.

In addition to filing a notice of disclosure, what are the other requirements for Durable Juvenile Product Manufacturers, Commercial Dealers and Retailers and Non-retailers?

Owner Safety Cards – must be included with all sales to initial consumer of durable juvenile products

Labeling of Products – children’s products must be labeled as prescribed by 15 USC 2063 and the United States Consumer Product Safety Commission rules

Recall and Warning requirements (Within 24 hours of recall)

1. Must file prescribed incident form with Department of State.
2. Contact in writing all known retailers with direction to stop the sales or distribution of the product and provide direction on disposition of products
3. Dealer must post on website, if website available, specific recall and warning notification information
4. Contact all consumers who returned product owner’s safety card and provide specific recall and warning information

Disposition of Defective Children’s or Durable Juvenile Products requirements:

1. File the prescribed certificate of disposition form with Department of State within 90 days of recall.
2. Disposes of the recalled product in a manner that is consistent with state and federal environmental standards

Retailers Responsibilities include:

1. Ensure that children’s products and durable juvenile products include the appropriate labels
2. Upon notification of a recall, the retailer must within one business day:

a. Remove defective products from the store shelves

b. Take steps to ensure that such defective product is not sold or otherwise made available including implementing a mechanism to prevent a recalled product from being purchased at the point of sale

c. Post recall or warning notice conspicuously for at least 60 days at all of the retailer’s locations where such item had been or was being sold

d. When consumer contact information is available to the retailer, they should contact the initial consumer to provide the recall or warning information.

Non-Retail Sales Responsibilities:

1. Conspicuous Internet Resale notice must be made available by any person that operates or manages a website that serves as a platform for the sale or distribution of children’s products or durable juvenile products
2. Prominent secondhand dealer notice must be prominently posted by second hand dealers instructing consumer on how to obtain recall information.

What must I submit with my application and fee?

A description of the types and variety of durable juvenile products sold or offered in the State must accompany your application.

Who is the Contact Person?

The “contact person” is any individual who has ownership in the business. This person indicates their name and home address on the application and signs the application affirmation.

Is there a current list of Children’s Product Recalls?

Yes. Current List of Children’s Product Recalls