777.01 Definition of terms.
777.02 Recalled and hazardous products.
777.03 Severability.
777.04 Cause of action.
777.05 Relation to other law.
777.99 Penalty.
CROSS REFERENCES
Consumer protection - see Ohio R.C. Ch. 1349
Consumer sales practices - see Ohio R.C. Ch. 1345
Secondhand dealers - see Ohio R.C. Ch. 4737
As used in this Chapter, certain terms are defined as follows:
(a) "Children's product" means any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier.
(b) "Clothing" means any garment in general.
(c) "Decorative item" means an item used to accent a room and shall include but is not limited to vases, artwork, and candle holders.
(d) "Household product" means any item used in the day-to-day operation of a home, including, but not limited to, kitchenware and cleaning products.
(e) "Kitchenware" means any appliance or container used to prepare or store food.
(f) "Secondhand" means that which has been used or which has been previously traded or sold by a retailer.
(g) "Secondhand dealer" means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property.
(Ord. 2005-560. Adopted 11-21-05.)
(a) Every business engaged in the purchasing, selling, receiving, trading, consignment selling or otherwise transferring of any secondhand products, including, but not limited to, children's products, household products, appliances and kitchenware, shall obtain and maintain on file in paper form on the business premises all recall notifications issued by the United States Consumer Product Safety Commission and retain said notifications for no less than a period of three (3) years.
(b) In addition, anyone engaged in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring any children's product shall maintain a bulletin board displaying recall notifications from the preceding thirty (30) days issued by the United States Consumer Product Safety Commission.
(c) Businesses shall only be required to maintain and display notifications by the United States Consumer Product Safety Commission issued after this Chapter is enacted.
(d) No secondhand dealer shall purchase, sell, trade, place on consignment or otherwise transfer any consumer product that has been recalled or deemed hazardous by the United States Consumer Product Safety Commission.
(e) No secondhand dealer shall purchase, sell, trade, or place on consignment any crib exhibiting the following:
(1) Slats wider apart than 2 3/8 inches.
(2) Corner posts or cutouts.
(f) No secondhand dealer shall purchase, sell, trade, or place on consignment any product that does not contain the manufacturer's original label, tag or other identification; provided that this requirement shall not apply if the secondhand dealer has documentation or photographic evidence which establishes the identity of the product manufacturer and excludes clothing or other textiles, handbags or suitcases, glassware, dishes or household decorative items, homemade or household furnishing not specifically recalled or identified as hazardous. The Office of Consumer Affairs may promulgate rules and regulations identifying the types of documentation or photographic evidence that may be used to establish a manufacturer's identity under this subsection.
(Ord. 2005-560. Adopted 11-21-05; Ord. 2013-093. Adopted 4-15-13.)
(Ord. 2005-560. Adopted 11-21-05; Ord. 2013-093. Adopted 4-15-13.)
The determination that any part of this Chapter is invalid shall not invalidate or impair the force or effect of any other part hereof, except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.
(Ord. 2005-560. Adopted 11-21-05.)
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