2011 Oregon Revised Statutes
ORS Volume 14, Chapters 645 - 669
ORS Chapter 646a
646A.530 Prohibited sales of certain children s products; recall notices and warnings; disposal of recalled children s products; compliance with warning instructions.
(1) A retailer may not 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 a successor agency;
(b) The subject of a warning issued by the children s product manufacturer or the Consumer Product Safety Commission or a successor agency that the intended use of the children s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard and made the children s product safe for sale, lease, subletting or distribution to consumers in strict compliance with standards and instructions provided in or related to the warning; or
(c) Subject to a declaration by the Director of the Oregon Health Authority under ORS 453.055 or under rules adopted by the Oregon Health Authority that the children s product is a banned hazardous substance.
(2) A retailer shall subscribe to or arrange to receive recall notices and warnings issued by the Consumer Product Safety Commission and warnings issued by manufacturers from which the retailer receives children s products.
(3) A retailer shall dispose of a children s product identified in a recall notice or warning issued by or in cooperation with the Consumer Product Safety Commission or a successor agency in strict compliance with disposal instructions included with or related to the recall notice or warning.
(4) A retailer shall comply strictly with all return, repair, retrofitting, labeling or remediation instructions issued with or related to a warning issued by the Consumer Product Safety Commission or a successor agency, an agency of this state or the children s product manufacturer. [2008 c.31 2; 2009 c.595 1162]
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