TITLE 6

Commerce and Trade

SUBTITLE II

Other Laws Relating to Commerce and Trade

CHAPTER 25C. TOY SAFETY


As used in this chapter, unless the context otherwise requires:

(1) "Child" shall be defined as an individual less than 12 years of age.

(2) "Consumer" shall have the meaning as set forth in the Consumer Product Safety Act, 15 U.S.C. §§ 2051 — 2085.

(3) "Person" means an individual, partnership, corporation, association, governmental entity, business entity, or other legal entity.

(4) "Toxic substance" means a substance that contains lead or a coating on an item that contains lead in excess of the limit set by Title 16, Code of Federal Regulations, Part 1303 (i.e., 0.06 percent by weight of the total nonvolatile content of the paint or the weight of the dried paint film); or a substance that has been deemed toxic or harmful to the health of children by the U.S. Consumer Product Safety Commission. "Toxic substance" does not include glass, decorative crystal or inaccessible components.

(5) "Toy" means an article designed and intended for the child's use in play.

76 Del. Laws, c. 358, § 1.;

(a) A person shall not knowingly sell, offer for sale, or transfer a toy in the State that contains a toxic substance or that is otherwise unsafe to a child.

(b) A person shall not knowingly fail to remove for sale or transfer any toy that has been identified as containing lead and/or unsafe by the U.S. Consumer Product Safety Commission or has been the subject of a corrective action plan, which must be promptly implemented, or a recall, as described further at § 2503C(2) of this title.

(c) This section does not apply to the sale of an antique or collectible toy that is not marketed to or intended to be used by a child.

76 Del. Laws, c. 358, § 1.;

A toy will be deemed unsafe if it meets 1 or more of the following criteria:

(1) The toy does not conform to federal laws and regulations setting forth standards for the toy;

(2) The toy has been recalled by a state or federal agency, the toy's manufacturer, distributor, or importer, or the toy has been listed by the U.S. Consumer Product Safety Commission as a recalled product which has not been corrected, and the recall has not been rescinded; or

(3) A state or federal agency has issued an imminent hazard warning that a toy's intended use constitutes a safety hazard and such warning has not been rescinded.

76 Del. Laws, c. 358, § 1.;

(a) Except as otherwise provided in § 2502C of this title, a person who violates this chapter is subject to the following:

(1) If the person is not an individual consumer, a civil fine of not more than $100 per incident not to exceed $5,000 total.

(2) If the person is not an individual consumer and the violation is the person's second offense under this chapter, a civil fine of not more than $500 per incident not to exceed $25,000 total.

(3) If the person is not an individual consumer and the violation is the person's third or subsequent offense under this chapter, a civil fine of not more than $1,000 per incident not to exceed $50,000 total.

(4) If a person knowingly violates this chapter after receipt of a notice of violation and the person is not an individual consumer, a civil fine equal to 3 times the amount in the preceding paragraph (a)(3) of this section.

(b) A civil fine imposed under this section shall be waived if it is determined that a person acted in good faith to be in compliance with this chapter, pursued compliance with due diligence, and promptly corrected any noncompliance after discovery of the violation.

76 Del. Laws, c. 358, § 1.;

The Delaware Department of Health and Social Services ("DHSS") shall provide and maintain a list of all unsafe toys and toys containing a toxic substance or a link to the www.recalls.gov website. This list shall be updated no later than 72 hours after a new unsafe toy or toy containing a toxic substance has been subject to recall. This list shall also be linked through the DHSS website and a physical copy shall be made available to the public in designated locations throughout the State.

76 Del. Laws, c. 358, § 1.;