Sale of Recalled Children's Products
- Register to receive email announcements of product recalls and warnings from the United States Consumer Product Safety Commission
- 2010 Current Children's Product Recalls
- Archived Children's Product Recalls - First Quarter 2009
- Archived Children's Product Recalls - Second Quarter 2009
- Archived Children's Product Recalls - Third Quarter 2009
- Archived Children's Product Recalls - Fouth Quarter 2009
- 2008 Archived Recalls
Information For Consumers
Oregon law specifically prohibits retailers from selling, offering for sale, leasing or otherwise providing to consumers certain children's products when those children's products have been recalled by the United States Consumer Product Safety Commission or been determined to be banned hazardous substances by the Director of the Oregon Department of Human Services. The law also prohibits selling, offering for sale, leasing or otherwise providing to consumers certain children's products when appropriate warnings directed to sellers have been issued by the product manufacturer or by the United States Consumer Product Safety Commission indicating that the intended use of the children's product constitutes a health or safety hazard (unless the retailer has eliminated the hazard or otherwise made the children's product safe as required). Please note that these warnings do not include general warnings directed to consumers or otherwise affixed to the children's product or packaging regarding general safe use of children's products or regarding other safety issues.
If you believe you have encountered an instance where recalled or otherwise defective children's products have been sold, offered for sale, leased or otherwise provided to consumers in Oregon please call or write to the Attorney General. Online consumer complaint form.
Information for Businesses
The law prohibits retailers in Oregon from selling, offering for sale, leasing or otherwise providing to consumers certain children's products as follows:
1. A children's product subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission.
2. A children's product subject to a warning issued by the manufacturer or the United States Consumer Product Safety Commisssion that the intended use of the product constitutes a health or safety hazard, unless the retailer has eliminated the hazard and made the product safe to consumers in strict compliance with standards and instructions provided in or related to the warning .
Please note that these warnings do not include general warnings directed to consumers or otherwise affixed to the children's product or packaging regarding general safe use of children's products or regarding other safety issues. "Warning" is defined as a communication about a health or safety hazard that a children's product poses to consumers that is: directed to a retailer; and that is intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children's product from inventory or provide the retailer with a method to eliminate the health or safety hazard.
3. A children's product subject to a declaration by the Director of the Oregon Department of Human Services under ORS 453.055, or under associated administrative rules, that the product is a banned hazardous substance
The law requires that a retailer "shall" subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission, and warnings issued by manufacturers from which the retailer receives children's products. The law also requires the following of retailers:
1. Disposing of children's products identified in a recall or warning in strict compliance with disposal instructions included with or related to the recall notice or warning.
2. Complying strictly with all return, repair, retrofitting, labeling or remediation instructions issued with or related to the recall notice or warning.
A good resource for retailers' understanding of recalled products and warnings is the United States Consumer Product Safety Commission website. Extensive searches can be made on the website regarding recalls dating back to 1973. This website's main page also provides the link to sign up for email announcements. Clicking on the bright yellow box entitled "Sign Up For Email Announcements" allows anyone to register for automatic electronic notification of recall notices and other information going forward. Similar important information is also available at 1-800-638-2772 for those who don't have access to email.
Thrift stores or similar "second hand" retailers are also encouraged to check out the Thrift Store Safety Checklist provided by the United States Consumer Product Safety Commission.
Information regarding banned hazardous substances pursuant to ORS 453.055 is available at the Oregon Secretary of State website.
Applicable State Law
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Enrolled HB 3631 (2008) (pdf)
