Sale of children’s products subject to recall or warning prohibited; duties of retailer.

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1. A retailer shall not advertise, sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this State if the children’s product is:

(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency; or

(b) The subject of a warning issued by the manufacturer of the children’s product or the United States Consumer Product Safety Commission or its successor agency indicating that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard in strict compliance with any standards and instructions that are provided in or related to the warning.

2. A retailer shall:

(a) Subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission or its successor agency and manufacturers from whom the retailer receives children’s products;

(b) Dispose of any children’s product identified in a recall notice or a warning issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product in strict compliance with disposal instructions included with or related to the recall notice or the warning; and

(c) Comply strictly with instructions issued with or related to a recall notice or a warning issued by the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product for the return, repair, retrofitting, labeling or remediation of any children’s product.

(Added to NRS by 2009, 2441)


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