1Providing for the composition of stuffed toys and for penalties;
2and making a related repeal.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Stuffed Toy
7Safety Law.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Department." The Department of Labor and Industry of the
13Commonwealth.

14"Manufacturer." A person, partnership, corporation or other
15legal entity that uses new or recycled materials in the
16production or making of stuffed toys for use by a consumer.

17"New." An article or material which has not been subjected
18to a previous manufacturing process or which has not been

1previously used for any purpose.

2"Person." Individuals, partnerships, associations, trusts,
3corporations and any other business entity.

4"Recycled." The process by which postconsumer waste is
5passed through a series of treatments placing the waste in an
6original condition or rendering it in a virgin state for human
7use.

8"Stuffed toy." An article intended for use by an infant or
9child as a plaything which is filled with or contains a fiber,
10chemical or other stuffing.

11Section 3. Prohibitions.

12(a) Sale.--A person may not sell a stuffed toy in this
13Commonwealth unless the stuffed toy is manufactured in
14compliance with this act.

15(b) Responsibility.--It shall be the responsibility of the
16manufacturer of the stuffed toy to ensure compliance with this
17act.

18Section 4. Material.

19Material used to produce a stuffed toy must be new or
20recycled and free from all of the following:

21(1) Dangerous or harmful substances or components.

22(2) Oil, dirt, refuse and similar substances.

23Section 5. Compliance.

24A stuffed toy manufactured, sold, distributed or gifted
25within this Commonwealth shall comply with this act.

26Section 6. Complaint.

27(a) Filing.--A person may file a complaint with the
28department alleging a violation of this act.

29(b) Investigation.--The department may conduct an
30investigation and take, for analysis, a sample of a stuffed toy

1from a manufacturer, retailer or distributor.

2(c) Entrance.--For the purpose of enforcing this act, the
3department shall have the power to enter a place where a stuffed
4toy is manufactured or offered for sale and a person may not
5hinder, delay or interfere with the department in the
6performance of its duty nor refuse to provide information
7necessary to determine whether a manufacturer, retailer or
8distributor is in compliance with this act.

9Section 7. Administrative remedy.

10If a manufacturer is found in violation of this act, the
11department may do any of the following:

12(1) Suspend or prohibit the sale, distribution or giving
13away of a stuffed toy produced by the manufacturer.

14(2) Confiscate the stuffed toy pending an appeal by an
15injured party.

16Section 8. Administrative penalty.

17(a) Imposition.--The department may impose the following
18administrative penalty for each violation of this act:

19(1) a fine of not more than $10,000 for each violation
20of this act; or

21(2) other corrective action which it deems necessary to
22address a violation of this act.

23(b) Separate violation.--Each stuffed toy which is found to
24be in violation of this act shall constitute a separate
25violation.

26(c) Administrative procedure.--An action by the department
27under this section shall be subject to 2 Pa.C.S. (relating to
28administrative law and procedure).

29(d) Fines.--A fine collected under this act or the rules and
30regulations established under this act shall be paid to the

1department.

2Section 9. Regulations.

3The department may promulgate rules and regulations to carry
4out the purpose of this act.

5Section 20. Repeals.

6Repeals are as follows:

7(1) The General Assembly declares that the repeal under
8paragraph (2) is necessary to effectuate this act.

9(2) The act of July 25, 1961 (P.L.857, No.372), referred
10to as the Stuffed Toy Manufacturing Act, is repealed.

11Section 21. Effective date.

12This act shall take effect in 60 days.