777.02 RECALLED AND HAZARDOUS PRODUCTS.

   (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.)