HOUSE BILL No. 4062


     January 8, 1997, Introduced by Reps. Parks, Wallace, Varga, Prusi, Scott, Vaughn and Baird and referred to the Committee on Consumer Protection.


        A bill to amend 1976 PA 331, entitled

   "Michigan consumer protection act,"

   (MCL 445.901 to 445.922) by adding section 3c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 3C.  (1) IN ADDITION TO THE UNFAIR, UNCONSCIONABLE OR

 2    DECEPTIVE METHODS, ACTS, OR PRACTICES IN THE CONDUCT OF TRADE OR

 3    COMMERCE DEFINED IN SECTION 3, IT IS UNLAWFUL FOR A PERSON WHO

 4    MANUFACTURES OR DISTRIBUTES IN THIS STATE OR CAUSES TO BE MANU-

 5    FACTURED OR DISTRIBUTED IN THIS STATE A PRODUCT OR DEVICE THAT HE

 6    OR SHE KNOWS IS A DANGEROUSLY DEFECTIVE PRODUCT OR DEVICE.

 7         (2) IN ADDITION TO THE UNFAIR, UNCONSCIONABLE, OR DECEPTIVE

 8    METHODS, ACTS, OR PRACTICES IN THE CONDUCT OF TRADE OR COMMERCE

 9    DEFINED IN SECTION 3, IT IS UNLAWFUL FOR A PERSON WHO

10    MANUFACTURES OR DISTRIBUTES IN THIS STATE OR CAUSES TO BE

11    MANUFACTURED OR DISTRIBUTED IN THIS STATE A PRODUCT OR DEVICE,


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 1    AND WHO, AFTER MANUFACTURING OR DISTRIBUTING THAT PRODUCT OR

 2    DEVICE, DISCOVERS THE PRODUCT OR DEVICE IS A DANGEROUSLY DEFEC-

 3    TIVE PRODUCT OR DEVICE, TO FAIL TO IMMEDIATELY RECALL THE PRODUCT

 4    OR DEVICE.

 5         (3) AS USED IN THIS SECTION, "DANGEROUSLY DEFECTIVE PRODUCT

 6    OR DEVICE" MEANS A PRODUCT OR DEVICE THAT IS DESIGNED OR CON-

 7    STRUCTED IN SUCH A MANNER AS TO BE DANGEROUS TO THE HEALTH OR

 8    SAFETY OF ANY INDIVIDUAL WHEN USED IN ANY MANNER FOR WHICH THE

 9    PRODUCT OR DEVICE IS INTENDED TO BE USED OR MAY FORSEEABLY BE

10    USED.




































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