A prominent Virginia Democrat announced legislation Friday that would fine merchants who knowingly sell defective, recalled toys and would ban their use in day care facilities next year. Del. Brian Moran’s Toy Safety Act also would direct the commonwealth to develop standards for toys sold in Virginia stores. The federal Consumer Product Safety Commission is understaffed, forcing the state to take on a broader role in what should be a federal responsibility, said Moran, the House Democratic Caucus chairman who represents Alexandria and Fairfax County.

“No parent should worry about their child going to the emergency room because of a toy they received Christmas morning,” Moran said. “The federal government has failed to provide needed protection to our families.”

Major toy manufacturers were forced to recall millions of toys made in China this year because of lead paint, small magnets that could choke a child and other problems. Toy giant Mattel Inc. recalled 21 million toys worldwide. The potential 2009 gubernatorial candidate and brother of U.S. Rep. Jim Moran told The Examiner that toys with lead paint were bought on the shelves of a Virginia store Thursday night, and that concerns him as a father of two young children.

The main problem is that retailers are unknowingly, not deliberately, selling the unsafe toys, he said. However, the fines would target those that sell products although they know they have been recalled. It is not clear how much the new plan would cost and how many new employees would be required to implement it. One Two Kangaroo Toys store owner Charlie Majdi in Arlington said the measure is something he likely would support, but said it seemed redundant.

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“It’s obvious. You shouldn’t sell anything that should be recalled,” Majdi said.

Virginia retailers plan to thoroughly review the measure early next year but don’t have time to evaluate major new legislation days before Christmas, said Laurie Aldrich, president of the Virginia Retailers and Merchants Association.

dgenz@dcexaminer.com