[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 965 Engrossed Amendment House (EAH)]

103d CONGRESS

  2d Session

                               H. R. 965

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT
                In the House of Representatives, U. S.,

                                                         March 9, 1994.
      Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 965) entitled ``An Act to provide for toy safety and for 
other purposes'', with the following

                               AMENDMENT:

        In lieu of the matter inserted by said amendment, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Safety Protection Act''.

                   TITLE I--TOY LABELING REQUIREMENTS

SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    (a) Requirement Under Federal Hazardous Substances Act.--The 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by 
adding at the end the following new section:

``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    ``(a) Toys or Games for Children Who Are at Least 3.--
            ``(1) Requirement.--The packaging of any toy or game 
        intended for use by children who are at least 3 years old but 
        not older than 6 years (or such other upper age limit as the 
        Commission may determine, which may not be less than 5 years 
        old), any descriptive material which accompanies such toy or 
        game, and, in the case of bulk sales of such toy or game when 
        unpackaged, any bin, container for retail display, or vending 
        machine from which the unpackaged toy or game is dispensed 
        shall bear or contain the cautionary statement described in 
        paragraph (2) if the toy or game--
                    ``(A) is manufactured for sale, offered for sale, 
                or distributed in commerce in the United States, and
                    ``(B) includes a small part, as defined by the 
                Commission.
            ``(2) Label.--The cautionary statement required by 
        paragraph (1) for a toy or game shall be as follows:










    ``(b) Balloons, Small Balls, and Marbles.--
            ``(1) Requirement.--In the case of any latex balloon, any 
        ball with a diameter of 1.75 inches or less intended for 
        children 3 years of age or older, any marble intended for 
        children 3 years of age or older, or any toy or game which 
        contains such a balloon, ball, or marble, which is manufactured 
        for sale, offered for sale, or distributed in commerce in the 
        United States--
                    ``(A) the packaging of such balloon, ball, marble, 
                toy, or game,
                    ``(B) any descriptive material which accompanies 
                such balloon, ball, marble, toy, or game, and
                    ``(C) in the case of bulk sales of any such product 
                when unpackaged, any bin, container for retail display, 
                or vending machine from which such unpackaged balloon, 
                ball, marble, toy, or game is dispensed,
        shall bear or contain the cautionary statement described in 
        paragraph (2).
            ``(2) Label.--The cautionary statement required under 
        paragraph (1) for a balloon, ball, marble, toy, or game shall 
        be as follows:
                    ``(A) Balloons.--In the case of balloons, or toys 
                or games that contain latex balloons, the following 
                cautionary statement applies:













                    ``(B) Balls.--In the case of balls, the following 
                cautionary statement applies:









                    ``(C) Marbles.--In the case of marbles, the 
                following cautionary statement applies:









                    ``(D) Toys and games.--In the case of toys or games 
                containing balls, the following cautionary statement 
                applies:










                In the case of toys or games containing marbles, the 
                following cautionary statement applies:










    ``(c) General Labeling Requirements.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), any cautionary statement required under subsection (a) or 
        (b) shall be--
                    ``(A) displayed in its entirety on the principal 
                display panel of the product's package, and on any 
                descriptive material which accompanies the product, 
                and, in the case of bulk sales of such product when 
                unpackaged, on the bin, container for retail display of 
                the product, and any vending machine from which the 
                unpackaged product is dispensed, and
                    ``(B) displayed in the English language in 
                conspicuous and legible type in contrast by typography, 
                layout, or color with other printed matter on such 
                package, descriptive materials, bin, container, and 
                vending machine, and in a manner consistent with part 
                1500 of title 16, Code of Federal Regulations (or 
                successor regulations thereto).
            ``(2) Exception for products manufactured outside united 
        states.--In the case of a product manufactured outside the 
        United States and directly shipped from the manufacturer to the 
        consumer by United States mail or other delivery service, the 
        accompanying material inside the package of the product may 
        fail to bear the required statement if other accompanying 
        material shipped with the product bears such statement.
            ``(3) Special rules for certain packages.--(A) A cautionary 
        statement required by subsection (a) or (b) may, in lieu of 
        display on the principal display panel of the product's 
        package, be displayed on another panel of the package if--
                    ``(i) the package has a principal display panel of 
                15 square inches or less and the required statement is 
                displayed in three or more languages; and
                    ``(ii) the statement specified in subparagraph (B) 
                is displayed on the principal display panel and is 
                accompanied by an arrow or other indicator pointing 
                toward the place on the package where the statement 
                required by subsection (a) or (b) appears.
            ``(B)(i) In the case of a product to which subsection (a), 
        subsection (b)(2)(B), subsection (b)(2)(C), or subsection 
        (b)(2)(D) applies, the statement specified by this subparagraph 
        is as follows:






            ``(ii) In the case of a product to which subsection 
        (b)(2)(A) applies, the statement specified by this subparagraph 
        is as follows:






    ``(d) Treatment as Misbranded Hazardous Substance.--A balloon, 
ball, marble, toy, or game, that is not in compliance with the 
requirements of this subsection shall be considered a misbranded 
hazardous substance under section 2(p).''.
    (b) Other Small Balls.--A small ball--
            (1) intended for children under the age of 3 years of age, 
        and
            (2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under section 2(q) of 
the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
    (c) Regulations.--The Consumer Product Safety Commission 
(hereinafter referred to as the ``Commission'') shall promulgate 
regulations, under section 553 of title 5, United States Code, for the 
implementation of this section and section 24 of the Federal Hazardous 
Substances Act by July 1, 1994, or the date that is 6 months after the 
date of enactment of this Act, whichever occurs first. Subsections (f) 
through (i) of section 3 of the Federal Hazardous Substances Act (15 
U.S.C. 1262) shall not apply with respect to the issuance of 
regulations under this subsection.
    (d) Effective Date; Applicability.--Subsections (a) and (b) shall 
take effect January 1, 1995, and section 24 of the Federal Hazardous 
Substances Act shall apply only to products entered into commerce on or 
after January 1, 1995.
    (e) Preemption.--
            (1) In General.--Subject to paragraph (2), a State or 
        political subdivision of a State may not establish or enforce a 
        requirement relating to cautionary labeling of small parts 
        hazards or choking hazards in any toy, game, marble, small 
        ball, or balloon intended or suitable for use by children 
        unless such requirement is identical to a requirement 
        established by amendments made by this section to the Federal 
        Hazardous Substances Act or by regulations promulgated by the 
        Commission.
            (2) Exception.--A State or political subdivision of a State 
        may, until January 1, 1995, enforce a requirement described in 
        paragraph (1) if such requirement was in effect on October 2, 
        1993.

SEC. 102. REPORTING REQUIREMENTS.

    (a) Reports to Consumer Product Safety Commission.--
            (1) Requirement to report.--Each manufacturer, distributor, 
        retailer, and importer of a marble, small ball, or latex 
        balloon, or a toy or game that contains a marble, small ball, 
        latex balloon, or other small part, shall report to the 
        Commission any information obtained by such manufacture, 
        distributor, retailer, or importer which reasonably supports 
        the conclusion that--
                    (A) an incident occurred in which a child 
                (regardless of age) choked on such a marble, small 
                ball, or latex balloon or on a marble, small ball, 
                latex balloon, or other small part contained in such 
                toy or game; and
                    (B) as a result of that incident the child died, 
                suffered serious injury, ceased breathing for any 
                length of time, or was treated by a medical 
                professional.
            (2) Treatment under cpsa.--For purposes of section 19(a)(3) 
        of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the 
        requirement to report information under this subsection is 
        deemed to be a requirement under such Act.
            (3) Effect on liability.--A report by a manufacturer, 
        distributor, retailer, or importer under paragraph (1) shall 
        not be interpreted, for any purpose, as an admission of 
        liability or of the truth of the information contained in the 
        report.
    (b) Confidentiality Protections.--The confidentiality protections 
of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) 
apply to any information reported to the Commission under subsection 
(a) of this section. For purposes of section 6(b)(5) of such Act, 
information so reported shall be treated as information submitted 
pursuant to section 15(b) of such Act respecting a consumer product.

               TITLE II--CHILDREN'S BICYCLE HELMET SAFETY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Children's Bicycle Helmet Safety 
Act of 1993''.

SEC. 202. STANDARDS.

    (a) In General.--Bicycle helmets manufactured 9 months or more 
after the date of the enactment of this Act shall conform to--
            (1) any interim standard described under subsection (b), 
        pending the establishment of a final standard pursuant to 
        subsection (c); and
            (2) the final standard, once it has been established under 
        subsection (c).
    (b) Interim Standards.--The interim standards are as follows:
            (1) The American National Standards Institute standard 
        designated as ``Z90.4-1984''.
            (2) The Snell Memorial Foundation standard designated as 
        ``B-90''.
            (3) The American Society for Testing and Materials (ASTM) 
        standard designated as ``F 1447''.
            (4) Any other standard that the Commission determines is 
        appropriate.
    (c) Final Standard.--Not later than 60 days after the date of the 
enactment of this Act, the Commission shall begin a proceeding under 
section 553 of title 5, United States Code, to--
            (1) review the requirements of the interim standards set 
        forth in subsection (a) and establish a final standard based on 
        such requirements;
            (2) include in the final standard a provision to protect 
        against the risk of helmets coming off the heads of bicycle 
        riders;
            (3) include in the final standard provisions that address 
        the risk of injury to children; and
            (4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 
2056, 2058, 2079(d)) shall not apply to the proceeding under this 
subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply 
with respect to any standard issued under such proceeding. The final 
standard shall take effect 1 year from the date it is issued.
    (d) Failure to Meet Standards.--
            (1) Failure to meet interim standard.--Until the final 
        standard takes effect, a bicycle helmet that does not conform 
        to an interim standard as required under subsection (a)(1) 
        shall be considered in violation of a consumer product safety 
        standard promulgated under the Consumer Product Safety Act.
            (2) Status of final standard.--The final standard developed 
        under subsection (c) shall be considered a consumer product 
        safety standard promulgated under the Consumer Product Safety 
        Act.

            Attest:






                                                                 Clerk.

HR 965 EAH----2