[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2727 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2727

  To establish a labeling requirement under the Federal Insecticide, 
Fungicide, and Rodenticide Act in order to prohibit the use of arsenic-
   treated lumber to manufacture playground equipment, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2001

  Mr. Bonior (for himself Ms. Carson of Indiana, Mr. George Miller of 
 California, Mr. Pallone, Ms. DeLauro, Mr. Kildee, Ms. Pelosi, and Mr. 
   Sanders) introduced the following bill; which was referred to the 
 Committee on Agriculture, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a labeling requirement under the Federal Insecticide, 
Fungicide, and Rodenticide Act in order to prohibit the use of arsenic-
   treated lumber to manufacture playground equipment, 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 ``Arsenic-Lumber Child Protection 
Act''.

SEC. 2. PROHIBITION AGAINST USE OF CCA LUMBER TO MANUFACTURE PLAYGROUND 
              EQUIPMENT OR OTHER CHILDREN'S PRODUCTS; DISTRIBUTION OF 
              PRODUCTS.

    (a) In General.--With respect to lumber that is treated with any of 
the pesticides known as inorganic arsenicals or chromated copper 
arsenicals (referred to in this Act as ``CCA lumber''), the 
Administrator of the Environmental Protection Agency shall to the 
extent provided in subsection (b) regulate such lumber as a pesticide 
under the Federal Insecticide, Fungicide, and Rodenticide Act, 
notwithstanding section 152.25 of title 40, Code of Federal 
Regulations, or other regulations under such Act.
    (b) Prohibited Use.--For purposes of subsection (a), the 
Administrator shall by regulation provide as follows:
            (1) That CCA lumber is misbranded within the meaning of 
        section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and 
        Rodenticide Act unless it bears labeling providing that--
                    (A) the lumber has been treated with arsenic; and
                    (B) it is a violation of Federal law to manufacture 
                or distribute for commercial purposes a product 
                constructed with such lumber if the product is 
                playground equipment or any other item that is intended 
                to be used primarily by children and whose usual use 
                involves direct contact with such lumber.
            (2) That section 12(a)(2)(G) of such Act (relating to 
        unlawful acts) applies to persons who engage in violations 
        described in paragraph (1)(B) of this subsection.
    (c) Additional Definitions.--For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The ``manufacture'', with respect to CCA lumber and 
        playground equipment or other items described in subsection 
        (b)(1)(B), includes the creation of products designed to be 
        assembled by consumers and the building of products on behalf 
        of consumers according to specifications of the consumers.

SEC. 3. STUDY OF HEALTH EFFECTS OF CCA LUMBER IN OTHER CONSUMER 
              PRODUCTS.

    The Administrator shall conduct a study to determine the health 
effects on adults and children of using consumer products whose usual 
use involves direct contact with CCA lumber, such as picnic tables and 
benches, decks, and handrails.
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