Short title

This Act may be cited as the

Infant Crib Safety Act

Findings and purpose

(a)

Findings

Congress finds the following: (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 about 12,400 children are injured in cribs seriously enough to require emergency room treatment. (4)Each year at least 43 children under the age of 4 die from injuries sustained in cribs. (5)The Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 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 an estimated one million to two million new cribs sold. Many 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 that 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)

Purpose

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 unlawful— (1)to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2)to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib.

Requirements for cribs

(a)

Manufacture and sale of cribs

It shall be unlawful for any commercial user to manufacture, sell, resell, lease, or otherwise place in the stream of commerce, any full-size or nonfull-size crib that— (1)was manufactured before 1999; (2)does not conform to the safety standards described in subsection (c); or (3)has any missing, loose, or broken components. (b)

Provision of cribs by lodging facilities

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 crib or nonfull-size crib that— (1)was manufactured before 1999; (2)does not conform to the safety standards described in subsection (c); or (3)has any missing, loose, or broken components. (c)

Crib safety standards

A full-size or nonfull-size crib that is not in compliance with the following safety standards shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057): (1)Part 1508 of title 16 of the Code of Federal Regulations (requirements for full-size baby cribs). (2)Part 1509 of title 16 of the Code of Federal Regulations (requirements for nonfull-size baby cribs). (3)American Society for Testing Materials F406-07 Standard Consumer Safety Specification for Non-Full Size Baby Cribs/Play Yards. (4)American Society for Testing Materials F1169 Standard Specification for Full-Size Baby Crib. (5)American Society for Testing and Materials F966-00 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions. (6)Part 1303 of title 16 of the Code of Federal Regulations. (7)Any amendments to the above regulations or standards or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in paragraphs (1) through (6).

The Consumer Product Safety Commission shall have the power to enforce the provisions of this section in the same manner that the Commission enforces rules declaring products to be banned hazardous products.

(d)

Exception

These requirements shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant.

Durability test requirements for cribs

Not later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall begin a rulemaking to revise parts 1508 and 1509 of title 16, Code of Federal Regulations, to— (1)include the safety requirements specified in paragraphs (3) through (5) of section 3(c), or any successor standards thereto; and (2)address any potential hazards due to durability exhibited by cribs and play yards, taking into consideration— (A)the Underwriters Laboratories standard UL–2275 for full-size baby cribs; and (B)the standards set forth in the Cribs and Cradle Regulations established by the Department of Justice of Canada, issued September 11, 1986 (SOR/86–962).

Soft bedding warning labels

Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a consumer product safety rule pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) to require that all cribs manufactured and introduced into interstate commerce contain a warning label affixed to the crib in a conspicuous location warning consumers against the use of soft bedding for infants placed in the crib, including bumper pads, quilts, blankets, pillows, and sleep positioners.

Definitions

As used in this Act, the following definitions apply: (1)

Commercial user

(A)The term commercial user means— (i)any person who manufactures, sells, or contracts to sell full-size cribs or nonfull-size cribs; or (ii)any person who— (I)deals in full-size or nonfull-size cribs that are not new or who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-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 cribs or nonfull-size cribs that are not new. (B)The term commercial user does not mean an individual who sells a used crib at a one-time private sale. (2)

Crib

The term crib means a full-size crib or nonfull-size crib. (3)

Full-size crib

The term full-size crib means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations. (4)

Infant

The term infant means any person less than 35 inches tall or less than 2 years of age. (5)

Nonfull-size crib

The term nonfull-size crib means a nonfull-size baby crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). (6)

Sleep positioner

The term sleep positioner means any wedge, roll, prop, or pillow designed to encourage one position during sleep.

Effective date

The requirements of section 3 of this Act shall be effective 1 year after the date of enactment of this Act