[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 965 Engrossed Amendment Senate (EAS)]
103d CONGRESS
1st Session
H. R. 965
_______________________________________________________________________
AMENDMENT
In the Senate of the United States,
November 20 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representatives (H.R.
965) entitled ``An Act to provide for toy safety and for other
purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and 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:
WARNING:
CHOKING HAZARD--Small parts.
Not for children under 3 yrs.
``(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:
WARNING:
CHOKING HAZARD--Children under 8 yrs
can choke or suffocate on
uninflated or broken balloons.
Adult supervision required.
Keep uninflated balloons from children.
Discard broken balloons at once.
``(B) Balls.--In the case of balls, the following
cautionary statement applies:
WARNING:
CHOKING HAZARD--This toy is a small
ball.
Not for children under 3 yrs.
``(C) Marbles.--In the case of marbles, the
following cautionary statement applies:
WARNING:
CHOKING HAZARD--This toy is a marble.
Not for children under 3 yrs.
``(D) Toys and Games.--In the case of toys or games
containing balls, the following cautionary statement
applies:
WARNING:
CHOKING HAZARD--Toy contains a small
ball.
Not for children under 3 yrs.
In the case of toys or games containing marbles, the
following cautionary statement applies:
WARNING:
CHOKING HAZARD--Toy contains a marble.
Not for children under 3 yrs.
``(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:
SAFETY WARNING
``(ii) In the case of a product to which subsection
(b)(2)(A) applies, the statement specified by this subparagraph
is as follows:
WARNING--choking hazard
``(d) Treatment as Misbranded Hazardous substance.--A balloon,
ball, marble, toy, or game, that is not in compliance with the
requirements of this section 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 issuances 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 manufacturer,
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. ESTABLISHMENT OF PROGRAM.
The Administrator of the National Highway Traffic Safety
Administration may, in accordance with section 203, make grants to
States and nonprofit organizations for programs that require or
encourage individuals under the age of 16 to wear approved bicycle
helmets. In making those grants, the Administrator shall allow grantees
to use wide discretion in designing programs that effectively promote
increased bicycle helmet use.
SEC. 203. PURPOSES FOR GRANTS.
A grant made under section 202 may be used by a grantee to--
(1) enforce a law that requires individuals under the age
of 16 to wear approved bicycle helmets on their heads while
riding on bicycles;
(2) assist individuals under the age of 16 to acquire
approved bicycle helmets;
(3) develop and administer a program to educate individuals
under the age of 16 and their families on the importance of
wearing such helmets in order to improve bicycle safety; or
(4) carry out any combination of the activities described
in paragraphs (1), (2), and (3).
SEC. 204. 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 of Testing Materials 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.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
For the National Highway Traffic Safety Administration to carry out
the grant program authorized by this title, there are authorized to be
appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal
year 1995, and $4,000,000 for fiscal year 1996.
SEC. 206. DEFINITION.
In this title, the term ``approved bicycle helmet'' means a bicycle
helmet that meets--
(1) any interim standard described in section 204(b),
pending establishment of a final standard under section 204(c);
and
(2) the final standard, once it is established under
section 204(c).
TITLE III--BUCKET DROWNING PREVENTION
SEC. 301. LABELING STANDARD REQUIREMENTS.
On October 1, 1994, or 240 days after the date of the enactment of
this title, whichever first occurs, there is established and effective
a consumer product safety standard under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of
injury or death resulting from infants falling into 4-gallon to 6-
gallon buckets containing liquid. Such standard, when established,
shall require straight sided or slightly tapered, open head containers
with a capacity of more than 4 gallons and less than 6 gallons
(referred to in this title as a ``bucket''), to bear one warning label
in English and Spanish. The label shall meet the following
requirements:
(1) The label shall be permanent so that such label cannot
be removed, torn or defaced without the aid of tools or
solvents.
(2) The label shall be at least 7 inches in height, and
3\1/2\ inches in width, or any larger size as the labeler may
choose.
(3) The label shall be centered on one side of the bucket
just below the point where the handle is inserted.
(4) The label shall have a border or other form of contrast
around its edges to delineate it from any other information on
the bucket.
(5) The label shall bear (A) the signal word ``WARNING'' in
both English and Spanish, in bold uppercase lettering, and (B)
in upper and lower case lettering the words ``Children Can Fall
Into Bucket and Drown. Keep Children Away From Buckets With
Even a Small Amount of Liquid.'', with an equivalent Spanish
translation in at least the same type size as English. The
signal word panel shall be preceded by a safety alert symbol
consisting of an exclamation mark in a triangle.
(6) The label shall be clear and conspicuous and in
contrasting colors.
(7) The label shall include a picture of a child falling
into a bucket containing liquid. An encircled slash symbol
shall be superimposed over, and surround the pictorial. The
picture shall be positioned between the signal word panel and
the message panel.
SEC. 302. CERTAIN BUCKETS NOT AFFECTED.
The standard established by section 301 applies only to buckets
manufactured or imported on or after the effective date of such
standard, and buckets manufactured or imported before such effective
date may be sold without the warning label required by section 301 even
though such sales occur after that date. The Consumer Product Safety
Commission, by rule, shall prohibit a manufacturer, filler,
distributor, and retailer from stockpiling buckets to which consumer
product safety standards established by section 301 of this title would
have applied but for the preceding sentence. For purposes of this
section, the term ``stockpiling'' shall have the same meaning as that
provided by section 9(g)(2) of the Consumer Product Safety Act.
SEC. 303. PROHIBITED ACTS.
(a) Removal of Label.--Once placed on a plastic bucket pursuant to
the standard provided by section 301, it shall be a prohibited act
under section 19 of the Consumer Product Safety Act for any person in
the chain of distribution of the bucket to intentionally cover,
obstruct, tear, deface or remove the label.
(b) Consumer Product Safety Standard.--The standard established by
section 301 of this title shall be considered a consumer product safety
standard established under the Consumer Product Safety Act.
SEC. 304. EXISTING LABELS.
Notwithstanding section 301, any bucket label in use on September
1, 1993, may, if such label is substantially in conformance with the
requirements of paragraphs (3), (4), (5), and (6) of section 301,
continue to be placed on buckets until 12 months after the date of the
enactment of this title. Notwithstanding the preceding sentence,
buckets subject to the provisions of this section must bear both an
English and Spanish language label on and after the effective date of
the standard established by section 301.
SEC. 305. AMENDMENTS.
Section 553 of title 5, United States Code, shall apply with
respect to the Consumer Product Safety Commission's issuance of any
amendments or changes to the bucket labeling standard established by
section 301 of this title. Sections 7 and 9 of the Consumer Product
Safety Act shall not apply to such amendments or changes.
SEC. 306. RESPONSIBILITY FOR LABELING.
(a) Labeling.--The standard established by section 301 requires the
labeling of buckets covered by such standard to be the responsibility
of the manufacturer of any such buckets, unless otherwise specified by
contract between the manufacturer, and either the filler, distributor,
or retailer of such buckets. Under no circumstances shall any such
bucket enter the stream of commerce without such label.
(b) Time for Placing Labels.--The required label must be on the
bucket at the time it is sold or delivered to the end user of the
bucket or its contents or, in the case of a bucket intended to be sold
to the public in an empty state, at the time it is shipped to a
retailer for sale to the public.
SEC. 307. PERFORMANCE STANDARD.
(a) Performance Standard.--Within 30 days following the date of
enactment of this title, the Consumer Product Safety Commission shall
commence a proceeding under the Consumer Product Safety Act for the
issuance of a performance standard for buckets to address the drowning
hazard associated with this product. Such standard shall take effect at
such time as may be prescribed by the Consumer Product Safety
Commission, but in no event later than 15 months following the date of
the enactment of this title. The Consumer Product Safety Commission
shall consider any American Society for Testing and Materials voluntary
performance standard in existence prior to such date of enactment.
(b) Labeling Requirements.--The labeling requirements under section
101 shall not apply to buckets certified by the Consumer Product Safety
Commission as meeting the performance standard in subsection (a).
SEC. 308. CONSULTATION.
To avoid duplicative and conflicting labeling, the Consumer Product
Safety Commission shall complete a consultation with relevant Federal
agencies within 30 days following the date of enactment of this Act.
SEC. 309. REQUIREMENT FOR COMMISSION STUDY.
(a) Study.--The Commission shall conduct a study to assess the
frequency of deaths and injuries arising from drowning accidents in
metal buckets, and the frequency and type of uses of 4-gallon to 6-
gallon metal containers in the home, to determine whether special
design and labeling standards are needed for such containers. The
Commission shall report the results of the study to the Congress not
later than one year after the date of enactment of this Act.
(b) Exemption.--During the pendency of such study, metal containers
which would otherwise be required to comply with the labeling
requirements of section 301 are exempt from such requirements. Upon
review of the results of the study, the Commission shall decide whether
to continue this exemption, to require compliance by metal containers,
or to consider further study in the future.
Attest:
Secretary.
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