[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 799 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 799

 To require that 4-gallon to 6-gallon buckets distributed in commerce 
bear a permanent label warning of a potential drowning hazard to young 
                   children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 20 (legislative day, April 19), 1993

  Mr. Metzenbaum (for himself and Mr. Simon) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require that 4-gallon to 6-gallon buckets distributed in commerce 
bear a permanent label warning of a potential drowning hazard to young 
                   children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bucket Drowning Prevention Act of 
1993''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Since 1985, approximately 400 infants have drowned in 
        4-gallon to 6-gallon buckets, or nearly 1 child a week.
            (2) Children drowning or hospitalized as a result of 
        falling into a bucket of liquid ranged in age from 1 month to 
        28 months although nearly 80 percent of all victims were 8 to 
        13 months old.
            (3) Where race was reported in connection with such 
        drownings, African-American infants accounted for more of the 
        drowning deaths than any other racial group followed by 
        Caucasians and then Hispanics. In approximately 14 percent of 
        the investigated deaths, Spanish was reported to be the spoken 
        language.
            (4) Only about 10 percent of 5-gallon buckets manufactured 
        annually are voluntarily labeled, and States are beginning to 
        establish their own labeling standards. There is no mandatory 
        Federal labeling standard regarding buckets.
            (5) To prevent infant drownings in buckets and to assure 
        uniformity in bucket labels and a minimal impact on interstate 
        commerce, it is appropriate to establish a Federal labeling 
        standard.
            (6) To address the bucket drowning problem in a more 
        permanent way, it is appropriate to establish performance 
        standards.

SEC. 3. LABELING STANDARD REQUIREMENTS.

    Effective 180 days following the date of the enactment of this Act, 
there is established 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 children falling into 
4-gallon to 6-gallon buckets containing liquid. Such standard, when 
effective, 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 Act as a ``bucket''), to bear 2 warning 
labels, 1 in English and 1 in Spanish. The labels shall meet the 
following requirements:
            (1) Each label shall be permanent so that such label cannot 
        be removed, torn or defaced without the aid of tools or 
        solvents.
            (2) Each label shall be at least 7 inches in height, and 5 
        inches in width, or any larger size as the labeler may choose. 
        The information on the label shall be proportionate to the 
        label's size.
            (3) A label shall be centered on each side of the bucket 
        just below the point where the handle is inserted. The label on 
        1 side shall be in English and the label on the other side 
        shall be in Spanish.
            (4) Each label shall have a border or other form of 
        contrast around its edges to delineate it from any other 
        information on the bucket.
            (5) Each label shall bear (A) the signal word ``WARNING'' 
        in bold uppercase lettering, in black ink, on an orange 
        background, and (B) in upper and lower case lettering in black 
        ink on a white background, the words ``Children Can Fall Into 
        Bucket and Drown--Keep Children Away From Buckets With Even a 
        Small Amount of Liquid''. The signal word panel shall be 
        preceded by a safety alert symbol consisting of an orange 
        exclamation mark on a black triangle.
            (6) Each label shall include a picture of a child falling 
        into a bucket containing liquid. A red prohibition symbol shall 
        be superimposed over, and totally surround the pictorial. The 
        picture shall be positioned between the signal word panel and 
        the message panel.

SEC. 4. PROHIBITED ACTS.

    (a) Removal of Label.--Once placed on a bucket pursuant to the 
standard provided pursuant to section 3, 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 
pursuant to section 3 of this Act shall be considered a consumer 
product safety standard established under the Consumer Product Safety 
Act.

SEC. 5. EXISTING LABELS.

    Any bucket label in use on September 1, 1993, which is 
substantially in conformance with the requirements in section 3, may 
continue to be used until 12 months after the date of the enactment of 
this Act. Notwithstanding the preceding sentence, buckets subject to 
this Act must bear both an English and Spanish language label after the 
effective date of the standard established pursuant to section 3.

SEC. 6. 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 required by 
section 3 of this Act. Sections 7 and 9 of the Consumer Product Safety 
Act shall not apply to such amendments or changes.

SEC. 7. RESPONSIBILITY FOR LABELING.

    (a) Labeling.--The standard established by section 3 requires the 
labeling of buckets covered by such standard to be the responsibility 
of the manufacturer or distributor of any such bucket without regard to 
whether or not such bucket is intended for sale by a retailer in an 
empty state for use as a consumer product, or is intended for sale by a 
retailer, together with its contents.
    (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's 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. 8. PERFORMANCE STANDARD.

    Within 30 days following the date of enactment of this Act, the 
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. Section 553 
of title 5, United States Code, shall apply with respect to the 
issuance of such standard. Sections 7 and 9 of the Consumer Product 
Safety Act shall not apply to the issuance of such standard. Such 
standard shall take effect at such time as may be prescribed by the 
Consumer Product Safety Commission, but in no event later than 180 days 
following the date of the enactment of this Act.

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