20-27-1605. Unsafe children's products — Childcare facilities.

20-27-1605. Unsafe children's products — Childcare facilities. (a)(1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter. (2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility. (b)(1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter. (2)(A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website. (B) The list shall be updated quarterly. (c) The Department of Human Services may promulgate rules to carry out this section. (d)(1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility. (2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification. (e)(1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility. (2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update. (3) The department shall retain the certification form completed by each facility in each respective facility's licensing file.