[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2803 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2803

       To provide for infant crib safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2000

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
       To provide for infant crib safety, 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 ``Infant Crib Safety Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The disability and death of infants resulting from 
        injuries sustained in crib incidents are a serious threat to 
        the public health, welfare, and safety of people of this 
        country.
            (2) The design and construction of a baby crib must ensure 
        that it is safe to leave an infant unattended for extended 
        periods of time. A parent or caregiver has a right to believe 
        that the crib in use is a safe place to leave an infant.
            (3) Each year more than 9,000 children ages 4 and under are 
        injured in cribs seriously enough to require hospital 
        treatment.
            (4) Each year at least 45 children ages 4 and under die 
        from injuries sustained in cribs.
            (5) The United States Consumer Product Safety Commission 
        estimates that the cost to society resulting from deaths due to 
        cribs is 225 million dollars per year.
            (6) Secondhand, hand-me-down, and heirloom cribs pose a 
        special problem. There are nearly 4 million infants born in 
        this country each year, but only one million new cribs sold. As 
        many as 2 out of 4 infants are placed in secondhand, hand-me-
        down, or heirloom cribs.
            (7) Most crib deaths occur in secondhand, hand-me-down, or 
        heirloom cribs.
            (8) Existing State and Federal legislation is inadequate to 
        deal with the hazard presented by secondhand, hand-me-down, or 
        heirloom cribs.
            (9) Prohibiting the contracting to sell, resell, lease, 
        sublease of unsafe cribs which are not new, or otherwise place 
        in the stream of commerce unsafe secondhand, hand-me-down, or 
        heirloom cribs, will prevent injuries and deaths caused by 
        cribs.
    (b) Purposes.--The purpose of this Act is to prevent the occurrence 
of injuries and deaths to infants as a result of unsafe cribs by making 
it illegal--
            (1) to manufacture, sell, or contract to sell any crib 
        which is unsafe for any infant using the crib; or
            (2) to resell, lease, sublet, or otherwise place in the 
        stream of commerce, after the effective date of this Act, any 
        crib which is not new and which is unsafe for any infant using 
        the crib.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Commercial user.--The term ``commercial user'' means 
        any person--
                    (A) who manufactures, sells, or contracts to sell 
                full-size or non full-size cribs; or
                    (B) who--
                            (i) deals in full-size or non full-size 
                        cribs which are not new or who otherwise by 
                        one's occupation holds oneself out as having 
                        knowledge or skill peculiar to the full-size or 
                        non full-size cribs, including child care 
                        facilities and family child care homes; or
                            (ii) is in the business of contracting to 
                        sell or resell, lease, sublet, or otherwise 
                        placing in the stream of commerce full-size or 
                        non full-size cribs which are not new.
            (2) Crib.--The term ``crib'' means a bed designed to 
        provide a sleeping accommodation for an infant.
            (3) Full-size crib.--The term ``full-size crib'' means a 
        full-size crib as defined in section 1508.1 of title 16 of the 
        Code of Federal Regulations and regarding the requirements for 
        full-size cribs.
            (4) Infant.--The term ``infant'' means any person less than 
        35 inches tall or less than 2 years of age.
            (5) Non full-size crib.--The term ``non-full size crib'' 
        means a non-full size crib as defined in section 1509.2(b) of 
        title 16 of the Code of Federal Regulations and American 
        Society for Testing Materials Voluntary Standards F. 1822 
        regarding the requirements for non full-size cribs.

SEC. 4. PROHIBITIONS.

    (a) In General.--Except as provided in section 6, it shall be 
unlawful for any commercial user--
            (1) to manufacture, sell, or contract to sell, on or after 
        the effective date of this Act, any full-size or non full-size 
        crib which is unsafe for any infant using the crib; or
            (2) to sell, contract to sell or resell, lease, sublet, or 
        otherwise place in the stream of commerce, on or after the 
        effective date of this Act, any full-size or non full-size crib 
        which is not new and which is unsafe for any infant using the 
        crib.
    (b) Lodgings.--Except as provided in section 6, it shall be 
unlawful for any hotel, motel, or similar transient lodging facility to 
offer or provide for use or otherwise place in the stream of commerce, 
on or after the effective date of this Act, any full-size or non full-
size crib which is unsafe for any infant using the crib.

SEC. 5. CRIB STANDARDS.

    Except as provided in section 6, a crib shall be presumed to be 
unsafe under this Act if it does not conform to all of the following:
            (1) Part 1508 (commencing with section 1508.1) of title 16 
        of the Code of Federal Regulations;
            (2) Part 1509 (commencing with section 1509.1) of title 16 
        of the Code of Federal Regulations;
            (3) Part 1303 (commencing with section 1303.1) of title 16 
        of the Code of Federal Regulations;
            (4) American Society for Testing Materials Voluntary 
        Standards F966;
            (5) American Society for Testing Materials Voluntary 
        Standards F1169;
            (6) American Society for Testing Materials Voluntary 
        Standards F1822; and
            (7) Any regulations that are adopted in order to amend or 
        supplement the regulations described in paragraphs (1) through 
        (6) of this section.

SEC. 6. EXCEPTIONS.

    A crib that is not intended for use by an infant, including a toy 
or display item, shall be exempt from this Act if the crib is 
accompanied at the time of manufacturing, contract to sell or resell, 
leasing, subletting, or otherwise placed in the stream of commerce by a 
notice to be furnished by the commercial user declaring that the crib 
is not intended to be used for an infant and is dangerous to use for an 
infant.

SEC. 7. ENFORCEMENT.

    (a) Fine.--Any commercial user, hotel, motel, or similar transient 
lodging facility who knowingly violates section 4 is punishable by a 
fine not exceeding $1,000.
    (b) Injunction.--Any person may maintain an action in a district 
court of the United States against any commercial user, hotel, motel, 
or similar transient lodging facility who violates section 4 to enjoin 
the manufacture, sale, contract to sell, contract to resell, lease, 
subletting, or otherwise place in the stream of commerce any full-size 
or non full-size crib which is unsafe for any infant using the crib, 
and for reasonable attorneys fees and costs.

SEC. 8. REMEDIES.

    Fines or other remedies available under this Act are in addition to 
any other fines, penalties, remedies, or procedures under any other 
provision of law.

SEC. 9. EFFECTIVE DATE.

    This Act shall become effective 90 days from the date of its 
enactment.
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