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Retailer FAQ

  • What is my responsibility as a retailer?
    To refrain from selling any toy or children’s item banned by the Commissioner of the Minnesota Department of Commerce.
  • How do I know which toys and children's items have been banned?

    All toys and children’s items banned by the CPSC are also banned by the Commissioner of Commerce. The Department of Commerce maintains a web site listing all banned items.

    The manufacturer or distributer of items banned by the CPSC should contact all retailers selling their product when the CPSC orders a recall, but you are not exempt from your responsibilities if they fail to contact you. Therefore, you should be vigilant and monitor the banned item list yourself. Be proactive and check the list before ordering new products. It is easier never to sell a banned item than it is conduct a recall on a banned item.

  • What do I do if I discover that I have been selling banned children's items?

    • Stop.  Remove the banned items from sale immediately.
    • Immediately prepare and prominently display a “Notice of Refund  Procedures” sign for a minimum of 120 days per MN Rules 2630.1600

    The display must be in a prominent location and include the following information:

    1. the model or distinguishing characteristics, 
    2. name and address of the manufacturer
    3. nature of the hazard associated with the product
    4. the process of return/refund or repair

    The notification should read, as follows:

    NOTICE OF REFUND PROCEDURES FOR BANNED TOYS OR ARTICLES FOR CHILDREN.

    IN ACCORDANCE WITH THE MINNESOTA SAFE TOYS ACT, THIS STORE HAS AVAILABLE A LIST OF TOYS AND OTHER CHILDREN'S ARTICLES THAT HAVE BEEN SOLD IN THIS STORE AND THAT HAVE RECENTLY BEEN BANNED BY THE MINNESOTA DEPARTMENT OF COMMERCE.

    THESE ARTICLES ARE HAZARDOUS AND SHOULD NOT BE USED. THIS LIST IS AVAILABLE FOR INSPECTION AT: (describe location where available).

    THE LIST CONTAINS IDENTIFICATION OF THE BANNED ARTICLE, THE NATURE OF THE HAZARD ASSOCIATED WITH THE ARTICLE, AND HOW A REFUND, REPAIR OR REPLACEMENT MAY BE OBTAINED.

    The notice must be at least 22 by 28 inches in size, printed in color contrasting with the background.

    If the person who returns a banned toy has a receipt, the dealer must refund the retail purchase price and reimburse the consumer for any reasonable and necessary costs that were a result of the return.

    If the consumer does not provide proof of purchase, the retailer must refund the average retail purchase price during the previous 12-month period or the most recent price paid for the toy.

    • Return your unsold inventory and any items you have received as part of the refund process to your manufacturer or distributer.  The manufacturer and distributer are required to reimburse you per Minnesota Rules section 2630.1300
  • The CPSC has just banned an item which I have been selling. I know I have to stop selling the item, but do I have to offer refunds on items sold before the ban?

    It depends upon the details of the ban. Some bans apply for all sales regardless of when they took place.  Others might apply only to items made after a certain date, or between a set of dates.  Go to the CPSC web site to find more details.

  • My main business is selling gasoline or groceries. Why does my inspection report have a Safe Toys Link on it?

    The Department of Commerce is trying to reach all retailers who sell children’s items, especially those retailers who may not be aware that they have responsibilities under Minnesota’s Safe Toys Act.

Definition FAQ

  • What makes a toy "hazardous"?
    If during the course of normal use or through wear and tear, the product has a risk of injury or illness through:
    1. electric shock or electrocution,
    2. mechanical hazard, 
    3. toxicity from inhalation or asphyxiation, or absorption through skin or any body surface,
    4. thermal hazard from heat or heated parts, substances or surfaces

  • What is a toy?

    Any toy, game, or product that is designed, labeled, advertised, or otherwise intended for use by children.

  • How is "child" defined?

    Any person under 14 years of age.