A toy will be deemed unsafe if it meets 1 or more of the following criteria:

1. (1) The toy does not conform to federal laws and regulations setting forth standards for the toy;
2. (2) The toy has been recalled by a state or federal agency, the toy’s manufacturer, distributor, or importer, or the toy has been listed by the U.S. Consumer Product Safety Commission as a recalled product which has not been corrected, and the recall has not been rescinded; or
3. (3) A state or federal agency has issued an imminent hazard warning that a toy’s intended use constitutes a safety hazard and such warning has not been rescinded.

76 Del. Laws, c. 358, § 1