SENATE BILL NO. 738



   September 23, 1999, Introduced by Senators HAMMERSTROM, SHUGARS, 
        MC COTTER, A. SMITH, BULLARD, ROGERS, BYRUM, GOSCHKA and 
        JAYE and referred to the Committee on Families, Mental 
        Health and Human Services.



        A bill to amend 1973 PA 116, entitled

   "An act to provide for the protection of children through the
   licensing and regulation of child care organizations; to provide
   for the establishment of standards of care for child care organi-
   zations; to prescribe powers and duties of certain departments of
   this state and adoption facilitators; to provide penalties; and
   to repeal acts and parts of acts,"

   (MCL 722.111 to 722.128) by adding section 3e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 3E.  (1) THE DEPARTMENT SHALL ESTABLISH, MAINTAIN, AND

 2    PERIODICALLY UPDATE A COMPREHENSIVE LIST OF CHILDREN'S PRODUCTS

 3    THAT HAVE BEEN RECALLED BY AN AGENCY OF THE FEDERAL GOVERNMENT OR

 4    THE PRODUCTS' MANUFACTURER, DISTRIBUTOR, OR IMPORTER.

 5         (2) THE DEPARTMENT SHALL PROVIDE A COPY OF THE LIST ESTAB-

 6    LISHED IN SUBSECTION (1) TO ALL OF THE FOLLOWING:

 7         (A) A CHILD CARE ORGANIZATION LICENSED OR REGISTERED IN THIS

 8    STATE.



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 1         (B) A PERSON RECEIVING A SUBSIDY FROM THE FAMILY

 2    INDEPENDENCE AGENCY CHILD CARE FUNDS.

 3         (C) ANY OTHER PERSON OR ENTITY THE DEPARTMENT CONSIDERS

 4    APPROPRIATE.

 5         (3) AS USED IN THIS SECTION, "CHILDREN'S PRODUCT" MEANS A

 6    PRODUCT, INCLUDING, BUT NOT LIMITED TO, A FULL-SIZE CRIB,

 7    NON-FULL-SIZE CRIB, TODDLER BED, BED, CAR SEAT, CHAIR, HIGH

 8    CHAIR, BOOSTER CHAIR, HOOK-ON CHAIR, BATH SEAT, GATE OR OTHER

 9    ENCLOSURE FOR CONFINING A CHILD, PLAY YARD, STATIONARY ACTIVITY

10    CENTER, CARRIER, STROLLER, WALKER, SWING, TOY, OR PLAY EQUIPMENT,

11    THAT MEETS ALL OF THE FOLLOWING CRITERIA:

12         (A) THE PRODUCT IS DESIGNED OR INTENDED FOR THE CARE OF, OR

13    USE BY, CHILDREN UNDER 6 YEARS OF AGE OR IS DESIGNED OR INTENDED

14    FOR THE CARE OF, OR USE BY, BOTH CHILDREN UNDER 6 YEARS OF AGE

15    AND CHILDREN 6 YEARS OF AGE OR OLDER.

16         (B) THE PRODUCT IS DESIGNED OR INTENDED TO COME INTO CONTACT

17    WITH A CHILD WHILE THE PRODUCT IS USED.  NOTWITHSTANDING ANY

18    OTHER PROVISION OF THIS SECTION, A PRODUCT IS NOT A CHILDREN'S

19    PRODUCT FOR PURPOSES OF THIS SECTION IF EITHER OF THE FOLLOWING

20    APPLIES:

21         (i) IT MAY BE USED BY OR FOR THE CARE OF A CHILD UNDER 6

22    YEARS OF AGE, BUT IT IS DESIGNED OR INTENDED FOR USE BY THE GEN-

23    ERAL POPULATION OR SEGMENTS OF THE GENERAL POPULATION AND NOT

24    SOLELY OR PRIMARILY FOR USE BY A CHILD OR FOR THE CARE OF A

25    CHILD.

26         (ii) IT IS A MEDICATION, DRUG, OR FOOD OR IS INTENDED TO
             BE

27    INGESTED.



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