[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 588 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 588

   To require the Consumer Product Safety Commission to establish a 
   consumer product safety standard for liquid detergent packets to 
protect children under the age of five from injury or illness, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

 Mr. Durbin (for himself, Mr. Nelson, Mr. Blumenthal, Mr. Markey, and 
Ms. Klobuchar) 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 establish a 
   consumer product safety standard for liquid detergent packets to 
protect children under the age of five from injury or illness, 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 ``Detergent Poisoning And Child Safety 
Act of 2015'' or the ``Detergent PACS Act of 2015''.

SEC. 2. SPECIAL PACKAGING AND OTHER REQUIREMENTS FOR LIQUID DETERGENT 
              PACKETS.

    (a) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Consumer product.--The term ``consumer product'' has 
        the meaning given such term in section 3(a) of the Consumer 
        Product Safety Act (15 U.S.C. 2052(a)).
            (3) Detergent packet.--The term ``detergent packet'' means 
        a consumer product that consists of a detergent enclosed in a 
        water soluble outer layer.
            (4) Liquid detergent packet.--The term ``liquid detergent 
        packet'' means a consumer product that consists of a 
        substantially liquid or gel detergent enclosed in a water 
        soluble outer layer.
            (5) Special packaging.--The term ``special packaging'' has 
        the meaning given that term in section 2 of the Poison 
        Prevention Packaging Act of 1970 (15 U.S.C. 1471).
    (b) Safety Standards Required.--
            (1) In general.--Except as provided in subsection (c)(1), 
        not later than 540 days after the date of the enactment of this 
        Act, the Commission shall promulgate a final rule that 
        establishes safety standards for liquid detergent packets to 
        protect children who are younger than 5 years of age from 
        injury or illness caused by exposure to such packets.
            (2) Elements.--The final rule promulgated under paragraph 
        (1) shall--
                    (A) require special packaging for liquid detergent 
                packets;
                    (B) include standards to address the design and 
                color of liquid detergent packets to--
                            (i) make them less attractive to children;
                            (ii) reduce the likelihood of exposure to 
                        detergent; and
                            (iii) otherwise reduce risks related to the 
                        ingestion or aspiration of, or ocular contact 
                        with, detergent and other potential injury 
                        risks of liquid detergent packets;
                    (C) include standards to address the composition of 
                liquid detergent packets to make the consequences of 
                exposure less severe; and
                    (D) prescribe warning labels that--
                            (i) adequately inform consumers of the 
                        potential risks of injury and death caused by 
                        liquid detergent packets;
                            (ii) are conspicuous and visible at the 
                        point of sale;
                            (iii) clarify hazard patterns, including 
                        known consequences of such hazards; and
                            (iv) identify actions needed to avoid 
                        injury.
            (3) Treatment as consumer product safety standard.--A rule 
        promulgated under paragraph (1) shall be treated as a consumer 
        product safety standard described in section 7(a) of the 
        Consumer Product Safety Act (15 U.S.C. 2056(a)).
            (4) Rulemaking.--
                    (A) In general.--A rule under paragraph (1) shall 
                be promulgated in accordance with section 553 of title 
                5, United States Code.
                    (B) Inapplicability of certain requirements.--
                Section 9 of the Consumer Product Safety Act (15 U.S.C. 
                2058) shall not apply to a rulemaking under paragraph 
                (1).
    (c) Adoption of Voluntary Standard.--
            (1) In general.--Subsection (b)(1) shall not apply if the 
        Commission determines that--
                    (A) a voluntary standard pertaining to liquid 
                detergent packets manufactured or imported for use in 
                the United States protects children as described in 
                subsection (b)(1);
                    (B) such voluntary standard is or will be in effect 
                not later than 1 year after the date of the enactment 
                of this Act; and
                    (C) such voluntary standard is developed by ASTM 
                International Subcommittee F15.71 on Liquid Laundry 
                Packets, or such other entity as the Commission 
                considers a successor to ASTM International 
                Subcommittee F15.71.
            (2) Publication of determination.--If the Commission makes 
        a determination under paragraph (1), the Commission shall 
        publish such determination in the Federal Register.
            (3) Treatment of voluntary standard.--If the Commission 
        determines that a voluntary standard meets the conditions in 
        paragraph (1), such standard shall be treated as a consumer 
        product safety standard described in section 7(a) of the 
        Consumer Product Safety Act (15 U.S.C. 2056(a)) beginning on 
        the date that is the later of--
                    (A) the date that is 180 days after the date of the 
                publication under paragraph (2) of such determination; 
                or
                    (B) the effective date specified in the voluntary 
                standard.
            (4) Revision of voluntary standard.--
                    (A) Notice of revision.--If a voluntary standard is 
                treated as a consumer product safety standard under 
                paragraph (3) and such standard is revised by ASTM 
                International after the Commission makes a 
                determination under paragraph (1), ASTM International 
                shall notify the Commission of such revision not later 
                than 60 days after making such revision.
                    (B) Treatment of revisions.--A voluntary standard 
                with respect to which the Commission receives notice 
                under subparagraph (A) shall be treated as a consumer 
                product safety standard described in section 7(a) of 
                the Consumer Product Safety Act (15 U.S.C. 2056(a)), 
                promulgated in lieu of the prior version, effective 180 
                days after the date the Commission is notified of the 
                revision under subparagraph (A), unless not later than 
                90 days after receiving that notice the Commission 
                determines that the revised voluntary standard does not 
                meet the requirements of paragraph (1)(A), in which 
                case the Commission shall continue to enforce the prior 
                version.
    (d) Future Rulemaking.--
            (1) In general.--The Commission may, at any time after 
        promulgating a final rule under subsection (b)(1) or making a 
        determination under subsection (c)(1), promulgate such rules in 
        accordance with section 553 of title 5, United States Code, as 
        the Commission considers appropriate to protect, to the maximum 
        degree practicable, children as described in subsection (a)(1).
            (2) Treatment as consumer product safety standard.--A rule 
        promulgated under paragraph (1) shall be treated as a consumer 
        product safety standard described in section 7(a) of the 
        Consumer Product Safety Act (15 U.S.C. 2056(a)).
            (3) Inapplicability of certain requirements.--Section 9 of 
        the Consumer Product Safety Act (15 U.S.C. 2058) shall not 
        apply to a rulemaking under paragraph (1).
    (e) Report to Congress.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, the Commission shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report on risks posed by detergent packets to 
        young children and how the Commission is working to protect 
        such children from such risks.
            (2) Matters covered.--The report required by paragraph (1) 
        shall include the following:
                    (A) A quantitative assessment of annual national 
                pediatric exposure to detergent packets, including the 
                number of exposure incidents, the means of exposure 
                (whether by ingestion, aspiration, or ocular contact), 
                the clinical effects of the exposures, and medical 
                outcomes.
                    (B) An assessment as to whether the rule 
                promulgated under subsection (b)(1) or the voluntary 
                standard adopted under subsection (c), as the case may 
                be, has been effective in protecting young children 
                from injury or illness caused by exposure to detergent 
                packets.
                    (C) Such recommendations for legislative or 
                administrative action as the Commission may have to 
                protect young children as described in subparagraph 
                (B).
            (3) Publication.--The Commission shall make the report 
        required by paragraph (1) available to the public on Internet 
        website of the Commission.
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