II 111th CONGRESS 2d Session S. 3896 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Goodwin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect children against hazards associated with swallowing button cell batteries by requiring the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-proof closures on remote controls and other consumer electronic products that use such batteries, and for other purposes.

1.

Short title

This Act may be cited as the Access to Button Cell Batteries Act of 2010.

2.

Consumer product safety standard for button cell battery access

(a)

Definitions

In this section: (1)

Battery-operated or assisted consumer electronic product

The term battery-operated or assisted consumer electronic product means a remote control, clock, musical greeting card, automobile key, flashlight, or other consumer product powered in whole or in part by a button cell battery that is designed, manufactured, and sold primarily for use by consumers in or around their homes or motor vehicles. (2)

Button cell battery

The term button cell battery means— (A)a lithium cell battery that is 32 millimeters or less in diameter; or (B)any other battery of that size, regardless of the technology used to produce an electrical charge, as determined by the Consumer Product Commission. (3)

Consumer product

The term consumer product has the meaning given the term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052). (b)

Standard required

Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, as a final consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)), a standard that requires button cell battery compartments of battery-operated or assisted consumer electronic products be secured, to the greatest extent practicable, in a manner that reduces access to button cell batteries by children that are 3 years of age or younger. (c)

Expedited rulemaking

(1)

In general

The standard required by subsection (b) shall be promulgated in accordance with section 553 of title 5, United States Code. (2)

Inapplicability of certain promulgation requirements

The requirements of subsections (a) through (f) and (g)(1) of section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not apply to the promulgation of the standard required by subsection (b) of this section. (d)

Effective date

The final consumer product safety standard required by subsection (b) shall apply to battery-operated or assisted consumer electronic products manufactured on or after the date that is 1 year after the date on which the Commission promulgates such standard.