BILL NUMBER: SB 772	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2009
	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 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 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 this exemption
if it determines that any of the exempted products pose a serious
fire hazard. Because 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: 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 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   exterior
packaging  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.
   (c) The bureau may, by regulation, modify the exemption provided
under this section if the bureau determines that any of the products
identified in subdivision (a) pose a serious fire hazard.
   (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.