71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3962
Sponsored by Representative V WALKER; Representatives ACKERMAN,
DEVLIN, HASS, KNOPP, LOWE, MERKLEY, MONNES ANDERSON,
MORRISETTE, RINGO, TOMEI, WIRTH
CHAPTER ................
AN ACT
Relating to infant crib safety; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly finds that:
(a) The disability and death of infants resulting from injuries
sustained in crib accidents are a serious threat to the public
health, welfare and safety of the people of this state;
(b) Infants are an especially vulnerable class of people;
(c) The design and construction of a crib must ensure that the
crib is a safe place to leave an infant unattended for an
extended period of time;
(d) A parent or caregiver has a right to believe that a crib is
a safe place to leave an infant;
(e) The United States Consumer Product Safety Commission
estimates that 40 children suffocate or strangle in their cribs
every year;
(f) Existing state and federal legislation is inadequate to
deal with the hazard of injuries and death to infants from unsafe
cribs; and
(g) Prohibiting the remanufacture, retrofitting, sale,
contracting to sell or resell, leasing or subletting of unsafe
cribs, particularly unsafe secondhand, hand-me-down or heirloom
cribs, will prevent injuries and deaths caused by unsafe cribs.
(2) The purpose of sections 1 to 10 of this 2001 Act is to
prevent the occurrence of injuries to and deaths of infants
resulting from unsafe cribs by making it illegal to
remanufacture, retrofit, sell, contract to sell or resell, lease,
sublet or otherwise place in the stream of commerce any crib that
is unsafe for an infant using the crib. + }
SECTION 2. { + Sections 1 to 10 of this 2001 Act may be
referred to as the Infant Crib Safety Act. + }
SECTION 3. { + As used in sections 1 to 10 of this 2001 Act:
(1) 'Commercial user' means any person, firm, corporation,
association or nonprofit corporation, or any agent or employee
thereof, including child care facilities or family child care
homes certified or registered by the Child Care Division under
ORS 657A.250 to 657A.450, who:
(a) Deals in cribs of the kind governed by sections 1 to 10 of
this 2001 Act;
Enrolled House Bill 3962 (HB 3962-C) Page 1
(b) By virtue of the person's occupation, purports to have
knowledge or skill peculiar to the cribs governed by sections 1
to 10 of this 2001 Act; or
(c) Is in the business of remanufacturing, retrofitting,
selling, leasing, subletting or otherwise placing cribs in the
stream of commerce.
(2) 'Crib' means:
(a) Any full-size crib as that term is defined in 16
C.F.R. 1508.3; or
(b) Any nonfull-size crib as that term is defined in 16 C.F.R.
1509.2(b).
(3) 'Individual' means a natural person who is not a commercial
user of cribs.
(4) 'Infant' means an individual who is less than three years
of age. + }
SECTION 4. { + (1) A commercial user may not remanufacture,
retrofit, sell, contract to sell or resell, lease, sublet or
otherwise place in the stream of commerce a crib that is unsafe
for an infant using the crib.
(2) A crib is presumed to be unsafe pursuant to sections 1 to
10 of this 2001 Act if it does not conform to the following
standards:
(a) 16 C.F.R. part 1508;
(b) 16 C.F.R. part 1509;
(c) 16 C.F.R. part 1303; and
(d) American Society for Testing Materials Voluntary Standards
F966-90, F1169.88, F1822 and F406.
(3) Cribs that are presumed to be unsafe under subsection (2)
of this section include but are not limited to cribs with any of
the following features or characteristics:
(a) Corner posts that extend more than one-sixteenth of an
inch;
(b) Spaces between side slats more than two and three-eighths
inches;
(c) Mattress supports that can be easily dislodged from any
point of the crib. A mattress support can be easily dislodged if
it cannot withstand a 25-pound upward force from underneath the
crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the
following:
(A) The height of the rail and end panel as measured from the
top of the rail or panel in its lowest position to the top of the
mattress support in its highest position is at least nine inches;
or
(B) The height of the rail and end panel as measured from the
top of the rail or panel in its highest position to the top of
the mattress support in its lowest position is at least 26
inches;
(f) Any screws, bolts or hardware that is loose or not secured;
(g) Sharp edges, points, rough surfaces or any wood surfaces
that are not smooth and free from splinters, splits or cracks; or
(h) Cribs with tears in mesh or fabric sides. + }
SECTION 5. { + A commercial user who willfully and knowingly
sells, leases or otherwise places in the stream of commerce an
unsafe baby crib as described in section 4 of this 2001 Act
commits a violation punishable by a fine not exceeding
$1,000. + }
SECTION 6. { + (1) An antique or vintage crib that is clearly
not intended for use by an infant is exempt from the provisions
Enrolled House Bill 3962 (HB 3962-C) Page 2
of sections 1 to 10 of this 2001 Act if the antique or vintage
crib is accompanied at the time of remanufacturing, retrofitting,
selling, leasing, subletting or otherwise placing in the stream
of commerce by a notice furnished by the commercial user that
states that the antique or vintage crib is not intended for use
by an infant and that the antique or vintage crib is dangerous
for use by an infant.
(2) A commercial user is exempt from liability resulting from
use of an antique or vintage crib in a manner that is contrary to
the notice required by this section.
(3) As used in this section, 'antique or vintage crib ' means a
crib that is:
(a) 50 years or older measured from the current year;
(b) Maintained as a collector's item; and
(c) Not intended for use by an infant. + }
SECTION 7. { + Any person may maintain an action against a
commercial user who violates section 4 of this 2001 Act, to
enjoin the remanufacture, retrofitting, sale, contract to sell or
resell, lease or subletting of a crib that is unsafe for an
infant, and for reasonable attorney fees and costs. + }
SECTION 8. { + An individual may not remanufacture, retrofit,
sell, contract to sell or resell, lease, sublet or otherwise
place in the stream of commerce a crib that is unsafe for an
infant using the crib. + }
SECTION 9. { + An individual who willfully and knowingly
sells, leases or otherwise places in the stream of commerce an
unsafe baby crib as described in section 4 of this 2001 Act
commits a violation punishable by a fine not exceeding $200. + }
SECTION 10. { + Remedies available under sections 5, 7 and 9
of this 2001 Act are in addition to any other remedies available
under law to an aggrieved party. + }
SECTION 11. { + Sections 8 and 9 of this 2001 Act become
operative on July 1, 2002. + }
SECTION 12. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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Passed by House May 17, 2001
Repassed by House June 18, 2001
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Chief Clerk of House
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Speaker of House
Passed by Senate June 15, 2001
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President of Senate
Enrolled House Bill 3962 (HB 3962-C) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 3962 (HB 3962-C) Page 4