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A bill to be entitled

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An act relating to toy safety; creating the Children's

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Toys Safety Act; providing legislative findings and intent

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relating to the distribution of unsafe toys in this state;

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providing definitions; requiring each manufacturer of

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children's toys that are to be sold in this state to

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notify each retailer selling the toys which toys do not

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conform to the consumer product safety standards of the

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United States Consumer Products Safety Commission and is a

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banned hazardous product; requiring each manufacturer to

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label each unsafe toy warning the consumer that the toy

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does not meet the safety standards; requiring each

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retailer to erect signs in each retail aisle identifying

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which unsafe toys the retailer is selling; requiring that

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any test for safety be conducted by a nongovernmental,

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independent third party that is qualified to perform such

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tests; providing for injunctive relief; requiring the

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enforcing authority to issue and enforce a written stop-

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sale order under certain circumstances; providing for the

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distribution of the children's toys after the manufacturer

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labels each toy that is not in compliance with applicable

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safety standards; providing that any manufacturer who

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violates the act is subject to a specified fine for each

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toy not meeting the safety standards; providing that a

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retailer is subject to a fine for not erecting signs to

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identify unsafe toys that are sold in the store; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Children's toy safety.--

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     (1) This section may be cited as the "Children's Toys

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Safety Act."

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     (2) The Legislature finds that there is a need to prevent

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dangerous toys intended for children from being introduced into

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the marketplace. The Legislature also finds that by requiring

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independent third-party testing and certification of a toy's

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safety, manufacturers of children's toys will be compelled to

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comply with the consumer safety standards of the United States

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Consumer Product Safety Commission. Therefore, it is the intent

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of this section to require manufacturers to certify that their

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toys are in compliance with the consumer safety standards set by

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the United States Consumer Product Safety Commission.

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     (3) As used in this section, the term:

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     (a) "Children's toy" means a toy or other article that is

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intended for use by a child 60 months of age or younger. In

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determining whether a toy or article is intended for use by a

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child 60 months of age or younger, the following factors shall be

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considered:

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     1. A statement by a manufacturer about the intended use of

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the toy, including a label on the toy or article, if such

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statement is reasonable.

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     2. The context and manner of the advertising, promotion,

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and marketing associated with the toy or article.

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     3. Whether the toy or other object is commonly recognized

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by consumers as being intended for use by a child 60 months of

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age or younger.

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     (b) "Enforcing authority" means the Department of

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Agriculture and Consumer Services.

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     (c) "Independent third party" means a nongovernmental,

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independent testing entity that is physically separate from any

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manufacturer or private labeler whose toy will be tested by the

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entity and that is not owned, managed, controlled, or directed by

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a manufacturer or private labeler.

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     (4) Each manufacturer and each private labeler of a toy, if

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it bears a private label, which makes children's toys that are to

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be sold in this state and that are subject to the consumer

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product safety standards of the United States Consumer Product

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Safety Commission must notify each retailer selling the

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manufacturer's toys whenever it has been determined by an

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independent third party that one of its toys is not in compliance

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with the consumer product safety standards and is a hazardous

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product under the standards. If the retailer chooses to sell the

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unsafe children's toy, the manufacturer must affix on each toy

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delivered to the retailer a label that states that the toy does

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not meet the consumer product safety standards of the United

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States Consumer Product Safety Commission.

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     (5) If a retailer selling children's toys has been advised

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by a manufacturer that an independent third party has determined

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that a toy sold by the retailer is not in compliance with the

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consumer product safety standards and is a hazardous product

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under the standards and if the retailer nevertheless chooses to

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sell the toy, the retailer must erect signs in every retail aisle

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in which toys are sold identifying the toy that does not meet the

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consumer products safety standards.

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     (6) Any test or testing program to determine the safety of

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toys to be sold must be conducted by an independent third party

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that is qualified to perform such tests or testing programs.

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     (7)(a) The enforcing authority may bring an action for

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injunctive relief against any manufacturer that violates this

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section.

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     (b) If the enforcing authority finds that a children's toy

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being distributed does not meet the safety standards of the

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United States Consumer Product Safety Commission and does not

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have a label warning the consumer that it is an unsafe toy, the

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enforcing authority shall issue and enforce a written stop-sale

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order. The stop-sale order must warn distributors to segregate

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any lot of toys in any manner until written permission is given

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by the enforcing authority to recommence distribution. The

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enforcing authority shall release for distribution the lot of

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children's toys subject to a stop-sale order only after the

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manufacturer has affixed to each toy a label that states that the

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toy does not meet the applicable safety standards.

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     (c)1. A manufacturer shall be fined $500 for each

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children's toy found in a retail store which is not in compliance

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with the consumer products safety standards and does not have a

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warning label affixed to the toy.

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     2. A retailer shall be fined $1,000 for each retail store

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aisle in which an unsafe children's toy is found and which does

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not have a sign identifying each unsafe toy sold in the aisle.

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     Section 2.  This act shall take effect July 1, 2008.