BILL NUMBER: SB 772	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2009

   An act to add Section 19161.4 to the Business and Professions
Code, relating to home furnishings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 772, as amended, Leno. Home furnishings:  fire retardancy:
 juvenile products.
   Existing law, the Home Furnishings and Thermal Insulation Act,
which establishes the Bureau of Home Furnishings and Thermal
Insulation, requires that all seating furniture sold or offered for
sale for use in this state be fire retardant, as defined, and
requires  that  all bedding products, other than
mattresses and mattress sets, that the bureau determines to
contribute to mattress bedding fires  to  comply with
specified regulations adopted by the bureau.  Existing law makes
a violation of these provisions a crime. 
   This bill would exempt  juvenile products, as defined,
  strollers, infant carriers, bassinets, and nursing
pillows  from those requirements, and would  require
products that do not meet those requirements to be labeled in a
specified manner. The bill would  authorize the bureau to modify
 that   this  exemption if it determines
that any  juvenile   of the exempted 
products pose a serious fire hazard.  Beca   use a
violation of the labeling requirement would be a crime, the bill
would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19161.4 is added to the Business and
Professions Code, to read:
   19161.4.  (a) The requirements of subdivisions (b) and (c) of
Section 19161 and the regulations adopted thereunder shall not
 apply to juvenile products. For purposes of this section,
"juvenile products" means any item of bedding or seating furniture
with a primary intended use for children six years of age or younger.
The term includes, but is not limited to, portable cribs, car seats,
strollers, bassinets, infant carriers, walkers, backpack child
carriers, infant and toddler pillows, and toddler chairs. 
 apply to strollers, infant carriers, bassinets, or nursing
pillows.  
   (b) A stroller, infant carrier, bassinet, or nursing pillow that
does not comply with subdivision (b) or (c) of Section 19161 and the
regulations adopted thereunder shall be labeled in a prominent manner
on both the product's price tag and permanently on the product
itself. This label shall indicate that the product has not been
tested under California's flammability standard and may not resist
open flame.  
   (b) 
    (c)  The bureau may, by regulation, modify the exemption
provided under this section if the bureau determines that any
 juvenile products   of the products identified
in subdivision (a)  pose a serious fire hazard. 
   (c) 
    (d)  The exemption provided under this section shall not
apply to products subject to Part 1633 of Title 16 of the Code of
Federal Regulations.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.