Del. Brian J. Moran, D-Alexandria, has proposed a Virginia Toy Safety Act to keep dangerous toys off store shelves.

The prospective Democratic candidate for governor in 2009 said the act is needed because the federal government has failed to provide protection for children.

"No parent should worry about their child going to the emergency room because of a toy they received Christmas morning," he said.

If the General Assembly approves the proposed safety law, it would go into effect July 1, in time for the next Christmas season.

The proposed measure would create a new civil penalty for merchants that knowingly resell recalled toys and mandate new regulations for the Child Daycare Council to keep high lead-based toys away from children in child-care centers.

It also would direct the attorney general and the Department of Health to remove recalled toys from shelves in Virginia and to develop standards for toys sold in the state.

In promoting the legislation, Moran was joined by Del. Shannon R. Valentine, D-Lynchburg, John Morgan of Voices for Virginia's Children and Dr. Colleen Kraft, president of the Virginia chapter of the American Academy of Pediatricians.

Moran said millions of toys are under recall worldwide. The federal Consumer Product Safety Commission has just one toy tester and 15 inspectors to check imported toys, he added.

Reached by phone yesterday, Jesse Ferguson, an aide to Moran, acknowledged that parents have a responsibility to keep unsafe toys away from their children. But it is hard for parents to keep up with all the recalls and parents can't do their own testing, he said.

High levels of lead paint found in toys made in China have caused most of the recent problems. Excess lead exposure in children can cause brain and nervous-system damage.
Contact Tyler Whitley at (804) 649-6780 or twhitley@timesdispatch.com.