§ 490-d. Product recall or warning requirements. 1. When a commercial
dealer of children's products or durable juvenile products has made
available or placed for sale in this state a children's product or
durable juvenile product for which a recall or warning has been issued,
the commercial dealer must discontinue distribution of any recalled
product and initiate the following process within twenty-four hours of
issuing or receiving the recall or warning from the consumer product
safety commission:

(a) Contact in writing any persons to whom it sold or otherwise made
available that particular children's product or durable juvenile product
in this state and inform them of the recall or warning. The recall
notice shall direct all such persons to stop the sale or distribution of
the recalled product and provide directions on the disposition of such
product;

(b) If the commercial dealer maintains a website, such dealer must
place on the home page (or the first entry point) of its website a link
to recall or warning information that contains the specific recall
notice or warning that was issued for the product in question;

(c) Give notice of the recall or warning directly to the initial
consumer, if contact information for such consumer is known; and

(d) Provide notification to the department of such recall or warning.
All notices under this subdivision must include in a clear and
conspicuous fashion a description of the product, the reason for the
recall or warning, a picture of the product if available, and
instructions on how to return or exchange the recalled product. Such
notice shall include only the product recall or warning information and
may not include sales or marketing information on that product or any
other product, excluding return and exchange policies.

2. (a) When a commercial dealer of children's products or durable
juvenile products has sold or otherwise made available in this state a
children's product or durable juvenile product for which a recall has
been issued, and such commercial dealer receives such products back from
purchaser, the commercial dealer shall take actions, consistent with
commonly accepted industry practices and with state and federal
environmental standards, to ensure that no person shall use the recalled
product unless and until the defect or other basis for the recall has
been corrected on such recalled product.

(b) The commercial dealer shall provide to the department
certification of disposition for such recalled products within ninety
days after the issuance of the recall, unless upon written application
by such dealer the department determines an extension of time is
warranted.