N.J. Admin. Code § 13:45A-24.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45A-24.3 - Recall notices for children's products

(a) As used in this section, the following words shall have the following meanings:

"Child" means a person less than 14 years of age.

"Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:

1. The product is designed or intended for the care of, or use by, a child; or

2. The product is designed or intended to come into contact with a child while the product is used.

A product is not a "children's product" for the purposes of this subchapter if it may be used by or for the care of a child, but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child, or if it is a balloon, medication, drug, or food or is intended to be ingested.

"Dealer" means a person who sells at retail a toy or other article intended for use by children. A dealer who sells at wholesale such toy or article shall, with respect to that sale, be considered the "distributor" of that item.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Distributor" means a person who sells at wholesale a toy or other article intended for use by children, or a parent company which purchases said items and distributes them to its authorized outlet stores.

"Manufacturer" means a person who, under any name, manufactures or imports a toy or other article distributed in New Jersey. When the toy or other article is distributed or sold under a name other than that of the actual manufacturer of the toy or other article, the term "manufacturer" includes any person under whose name the toy or other article is distributed or sold.

"Unsafe children's product" means a children's product:

1. That has been recalled for any reason by a Federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or

2. Is the subject of a warning issued by a Federal agency that its intended use constitutes a safety hazard and the warning has not been rescinded.

(b) Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer Product Safety Commission, is required to give public notice or who voluntarily gives such notice, with regard to a defect or hazard in any toy or other article intended for use by children, shall at the same time notify the Director, in writing, at the following address:

Executive Director

Office of Consumer Protection

P.O. Box 45025

124 Halsey Street

Newark, New Jersey 07101

Tel. (201) 504-6257

(c) A dealer shall maintain a record of receipt of toy recall notices, including the date of receipt, and shall make it available upon request to a representative of the Office of Consumer Protection.

(d) A dealer who is notified by a manufacturer, a distributor, or the U.S. Consumer Product Safety Commission of a defective or hazardous toy or other article intended for use by children shall, if the dealer has carried or normally carries such item, prominently display that notification for at least 120 days after its receipt on each premises where the toy or article was sold or would normally be sold, as follows:

1. Each notification shall be displayed at the place in the store where the product is or, if the product is no longer sold, where it was, displayed, and at the customer service area. Notifications shall be placed so that they can be easily read by adult persons of average height and normal vision. No structures, furniture, boxes, merchandise, packaging material, etc., shall impede access to the display of notifications.

(e) The Director shall create, maintain, and update on the website of the Division (http://www.state.nj.us/lps/ca/recall/index.htm) a comprehensive list or lists of children's products that have been identified as unsafe children's products.

(f) The Division's list or lists of unsafe children's products shall be taken from the Consumer Product Safety Commission's list or lists, and may be a direct link to the list or lists on the Consumer Product Safety Commission's website.

(g) In addition to posting the list of unsafe children's products on its website, the Division shall make a copy of the list available to the public at no cost upon request made to the Division by telephone at 800-242-5846 (in State) or 973-504-6200 or by fax at 973-273-8035.

(h) Failure to comply with any requirement of this section shall be deemed a violation of the Consumer Fraud Act, 56:8-2 et seq.

N.J. Admin. Code § 13:45A-24.3

Amended by R.2007 d.342, effective 11/5/2007.
See: 39 N.J.R. 2321(a), 39 N.J.R. 4850(a).
In (d)1, substituted "place in the store where the product is or, if the product is no longer sold, where it was, displayed, and at the customer service area" for "principal entrance of the store, or in the cash register area, or in a location elsewhere that is readily accessible to the public".
Amended by R.2008 d.154, effective 6/16/2008.
See: 40 N.J.R. 1075(a), 40 N.J.R. 3744(a).
Section was "Toy recall notices". In (a), added definitions "Child", "Children's product" and "Unsafe children's product"; rewrote (e); added new (f) and (g); and recodified former (f) as (h).
Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
In (e), updated the web address.