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Recalled equipment: what Texas requires

The requirement

You are responsible for reviewing the United States Consumer Product Safety Commission (CPSC) recall list… 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.

What kind of duty this is

A documented check. Your state requires you to actually review the recall list and record that you did it.

Citation26 TAC § 746.4135 (centers); 26 TAC § 747.3935 (homes); recordkeeping at § 746.501(18)
How oftenannual
The formForm 2885, Children’s Products Certification
If you do not complyA cited deficiency. § 746.4135(a) is weighted Medium-High; (b) and (c) are Medium. The most recent signed certification must be kept on file. Providers must also post a notice telling parents and employees how to access the CPSC unsafe-products list.
Primary sourcehttps://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-746-centers.pdf

Worth knowing

The clearest requirement of the states we examined. A product counts as unsafe once CPSC recalls it, unless the recall is rescinded or the item is remanufactured or retrofitted.

This page summarises publicly available licensing rules. It is not legal advice, and rules change. Always verify against your state’s current licensing authority.