II 110th CONGRESS 1st Session S. 1510 IN THE SENATE OF THE UNITED STATES May 24, 2007 Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Consumer Product Safety Commission to promulgate consumer product safety rules concerning the safety and labeling of portable generators.

1.

Short title

This Act may be cited as the Portable Generator Safety Act of 2007.

2.

Findings

Congress finds the following: (1)Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2)In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 2000 through 2006, at least 260 carbon monoxide poisoning deaths related to portable generator use were reported to the Consumer Product Safety Commission. In the last three months of 2006 alone, 32 carbon monoxide deaths were linked to generator use. (3)Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4)Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. (5)On January 4, 2007, the Consumer Product Safety Commission adopted certain labeling standards for portable generators (section 1407 of title 16, Code of Federal Regulations), but such standards do not go far enough to reduce substantially the potential harm to consumers. (6)The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death.

3.

Safety standard: requiring equipment of portable generators with carbon monoxide interlock safety devices

Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that— (1)detects the level of carbon monoxide in the areas surrounding such portable generator; and (2)automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people.

4.

Labeling and instruction requirements

Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate consumer product safety rules, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1)

Warning labels

Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label in both English and Spanish on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word DANGER printed in a large font that is no smaller than 1 inch tall, and shall include the following information, at a minimum, presented in a clear manner: (A)Indoor use of a portable generator can kill quickly. (B)Portable generators should be used outdoors only and away from garages and open windows. (C)Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2)

Pictogram

Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states POISONOUS GAS and visually depicts the harmful effects of breathing carbon monoxide. (3)

Instruction Manual

The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A)A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B)A warning that people cannot smell, see, or taste carbon monoxide. (C)An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D)An instruction never to operate portable generators inside homes, garages, sheds, or other semi-enclosed spaces, even if a person runs a fan or opens doors and windows. (E)A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor.

5.

Public outreach

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall establish a program of public outreach to inform consumers of the dangers associated with the emission of carbon monoxide from portable generators. (b)

Time

The program required by subsection (a) shall place emphasis on informing consumers of the dangers described in such subsection during the start of each hurricane season.