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ACT NO. 42

(S.43)

Commerce and Trade; Consumer Fraud; Children's Product Safety

This act directs the Department of Health to create or adopt by reference, a comprehensive list of unsafe children’s products, recalled children’s products, and children’s products that do not conform to children’s product standards and make the list available to the public at no cost, post the list on its internet website, and annually notify licensed day care facilities, family day care homes, and pediatricians of the list.

Further, this act prohibits businesses from selling or leasing, manufacturing and selling or leasing, or retrofitting and selling or leasing without federal approval and documentation, an unsafe or listed children’s product. Violation is deemed an unfair or deceptive act or practice in commerce, subject to enforcement by the Attorney General and subject to, in addition to other rights and remedies available in equity or law, the rights and remedies provided by the Vermont consumer fraud law. This act provides an exception from violation if the specific children’s product sold or leased was not included on the Department of Health’s list 14 days prior to the sale or commencement of the lease. The penalty for a willful and knowing violation of this act is a fine of not more than $1,000.00 or imprisonment for not more than one year.

Effective Date: July 1, 2001