(1) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after June 6, 1996, a full-size or nonfull-size crib that is unsafe for any infant using the crib.

     (2) A crib is presumed to be unsafe pursuant to this chapter if it does not conform to all of the following:

     (a) Part 1508 (commencing with Section 1508.1) of Title 16 of the Code of Federal Regulations;

     (b) Part 1509 (commencing with Section 1509.1) of Title 16 of the Code of Federal Regulations;

     (c) Part 1303 (commencing with Section 1303.1) of Title 16 of the Code of Federal Regulations;

     (d) American Society for Testing Materials Voluntary Standards F966-90;

     (e) American Society for Testing Materials Voluntary Standards F1169.88;

     (f) Any regulations that are adopted in order to amend or supplement the regulations described in (a) through (e) of this subsection.

     (3) Cribs that are unsafe or fail to perform as expected pursuant to subsection (2) of this section include, but are not limited to, cribs that have any of the following dangerous features or characteristics:

     (a) Corner posts that extend more than one-sixteenth of an inch;

     (b) Spaces between side slats more than two and three-eighths inches;

     (c) Mattress support than can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib;

     (d) Cutout designs on the end panels;

     (e) Rail height dimensions that do not conform to the following:

     (i) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches;

     (ii) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches;

     (f) Any screws, bolts, or hardware that are loose and not secured;

     (g) Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks;

     (h) Nonfull-size cribs with tears in mesh or fabric sides.

     (4) On or after January 1, 1997, any commercial user who willfully and knowingly violates this section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars. Hotels, motels, and similar transient lodging, child care facilities, and family child care homes are not subject to this section until January 1, 1999.

[2003 c 53 § 361; 1996 c 158 § 4.]

NOTES:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.