SECTION 749.3043. When is a product considered unsafe and what are a caregiver's responsibilities regarding unsafe products in a foster home?


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  • (a) A product is considered unsafe if, after it has been recalled for any reason by the United States Consumer Product Safety Commission (CPSC):

    (1) The recall has not been rescinded; and

    (2) The product has not been made safe through being remanufactured or retrofitted.

    (b) A caregiver is responsible for reviewing the CPSC recall list. All current and past recalls may be viewed through the CPSC's Internet website at: www.cpsc.gov. A caregiver must ensure that there are no unsafe products at the foster home unless:

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

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

Source Note: The provisions of this §749.3043 adopted to be effective April 25, 2022, 47 TexReg 2272