OLR Bill Analysis
AN ACT AMENDING THE CHILD PROTECTION SAFETY ACT.
This bill expands the State Child Protection Safety Act by prohibiting the sale of asbestos-containing toys or other items marketed for children under age 16. It also:
1. increases the act's criminal and civil penalties;
2. requires stores to post notices when the Department of Consumer Protection (DCP) designates an article as a banned hazardous substance, making failure to do so an unfair trade practice; and
3. makes it an unfair trade practice for DCP inspectors or investigators to enter premises or vehicles (a) without displaying appropriate credentials or (b) at unreasonable times.
The latter change appears to conflict with another provision of the Connecticut Unfair Trade Practices Act which exempts actions taken by state regulatory officials (CGS § 42-110c).
EFFECTIVE DATE: October 1, 2008
§§ 2-4 — CHILD PROTECTION SAFETY ACT PENALTIES
The State Child Protection Safety Act governs the use of hazardous substances in consumer products, including toys, and generally bans them. Currently, violations are either (1) class C misdemeanors, punishable by imprisonment for up to three months, fines of up to $ 500, or both or (2) for repeat offenses or those committed with the intent to defraud or mislead, unclassified misdemeanors punishable by imprisonment for up to one year, fines of up to $ 3,000, or both.
Under the bill, the former become class B misdemeanors, punishable by imprisonment for up to six months, fines of up to $ 1,000, or both. And the maximum fine for the unclassified misdemeanor offense increases to $ 5,000.
The bill also authorizes the DCP commissioner to levy a civil penalty of up to $ 100 for each day a violation continues, except for violations that involve removing or disposing of tags affixed to embargoed items. The law already authorizes DCP to levy civil penalties of up to $ 500 per item for that type of violation.
The bill requires the department to give alleged violators notice and a hearing and directs that these penalties be deposited into DCP's consumer protection enforcement account. It also requires that fines for tagging violations be deposited in that account.
§ 6 — POSTING NOTICES
The bill authorizes the DCP commissioner to require retail stores to post notices informing the general public when DCP adopts a regulation designating an article as a banned hazardous substance. Notices must be posted in a location visible to the general public and remain up for the period of time the department specifies.
Failure to follow the bill's posting requirement is a Connecticut Unfair Trade Practices Act (CUTPA) violation. CUTPA generally allows the DCP commissioner to investigate complaints, issue cease and desist orders, order restitution, enter into consent agreements, and ask the attorney general to initiate legal proceedings. It also allows individuals to file civil lawsuits. Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorney's fees; and impose civil penalties of up to $ 5,000 for willful violations and $ 25,000 for restraining order violations.
COMMITTEE ACTION
Select Committee on Children
Joint Favorable Change of Reference
Yea |
8 |
Nay |
0 |
(03/05/2008) |
General Law Committee
Joint Favorable
Yea |
18 |
Nay |
0 |
(03/11/2008) |