Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 746	MINIMUM STANDARDS FOR CHILD-CARE CENTERS
SUBCHAPTER S	SAFETY PRACTICES
DIVISION 6	PRODUCT SAFETY
RULE §746.4135	What are my responsibilities regarding unsafe children's products in my child-care center?

(a) You are responsible for reviewing the United States Consumer Product Safety Commission (CPSC) recall list. You may view all current and past recalls through the CPSC's Internet website at: www.cpsc.gov. You must ensure that there are no unsafe children's products in your child-care center unless one or more of the following apply:

(1) The product is an antique or collectible children's product and is not used by, or accessible to any child; or

(2) The unsafe children's product is being retrofitted to make it safe and the product is not used by, or accessible to any child.

(b) You must certify annually in writing using a form provided by DFPS that you have reviewed each of the recall notices issued by the CPSC and that there are no unsafe products in the center except products specified in subsection (a) of this section. The form must be kept on file and available for review upon request by Licensing staff, parents, and employees during hours of operation.

(c) You must post a notice for parents and employees in a prominent and publicly accessible place that includes information on how to access a listing of unsafe children's products through the CPSC Internet website or through the DFPS Internet website.

Source Note: The provisions of this §746.4135 adopted to be effective March 1, 2010, 35 TexReg 1293; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909