[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5313 Received in Senate (RDS)]
<DOC>
117th CONGRESS
2d Session
H. R. 5313
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received
_______________________________________________________________________
AN ACT
To protect children and other consumers against hazards associated with
the accidental ingestion of button cell or coin batteries by requiring
the Consumer Product Safety Commission to promulgate a consumer product
safety standard to require child-resistant closures on consumer
products that use such batteries, 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 ``Reese's Law''.
SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN
BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH
BATTERIES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall, in accordance with section
553 of title 5, United States Code, promulgate a final consumer product
safety standard for button cell or coin batteries and consumer products
containing button cell or coin batteries that shall only contain--
(1) a performance standard requiring the button cell or
coin battery compartments of a consumer product containing
button cell or coin batteries to be secured in a manner that
would eliminate or adequately reduce the risk of injury from
button or coin cell battery ingestion by children that are 6
years of age or younger during reasonably foreseeable use or
misuse conditions; and
(2) warning label requirements--
(A) to be included on the packaging of button cell
or coin batteries and the packaging of a consumer
product containing button cell or coin batteries;
(B) to be included in any literature, such as a
user manual, that accompanies a consumer product
containing button cell or coin batteries; and
(C) to be included, as practicable--
(i) directly on a consumer product
containing button cell or coin batteries in a
manner that is visible to the consumer upon
installation or replacement of the button cell
or coin battery; or
(ii) in the case of a product for which the
battery is not intended to be replaced or
installed by the consumer, to be included
directly on the consumer product in a manner
that is visible to the consumer upon access to
the battery compartment, except that if it is
impracticable to label the product, this
information shall be placed on the packaging or
instructions.
(b) Requirements for Warning Labels.--Warning labels required under
subsection (a)(2) shall--
(1) clearly identify the hazard of ingestion; and
(2) instruct consumers, as practicable, to keep new and
used batteries out of the reach of children, to seek immediate
medical attention if a battery is ingested, and to follow any
other consensus medical advice.
(c) Treatment of Standard for Enforcement Purposes.--A consumer
product safety standard promulgated under subsection (a) shall be
treated as a consumer product safety rule promulgated under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058).
(d) Exception for Reliance on Voluntary Standard.--
(1) Before promulgation of standard by commission.--
Subsection (a) shall not apply if the Commission determines,
before the Commission promulgates a final consumer product
safety standard under such subsection, that--
(A) with respect to any consumer product for which
there is a voluntary consumer product safety standard
that meets the requirements for a standard promulgated
under subsection (a) with respect to such product; and
(B) the voluntary standard described in
subparagraph (A)--
(i) is in effect at the time of the
determination by the Commission; or
(ii) will be in effect not later than the
date that is 180 days after the date of the
enactment of this Act.
(2) Determination required to be published in federal
register.--Any determination made by the Commission under this
subsection shall be published in the Federal Register.
(e) Treatment of Voluntary Standard for Enforcement Purposes.--
(1) In general.--If the Commission makes a determination
under subsection (d) with respect to a voluntary standard, the
requirements of such voluntary standard shall be treated as a
consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058) beginning on the
date described in paragraph (2).
(2) Date described.--The date described in this paragraph
is the later of--
(A) the date of the determination of the Commission
under subsection (d) with respect to the voluntary
standard described in paragraph (1); or
(B) the effective date contained in the voluntary
standard described in paragraph (1).
(f) Revision of Voluntary Standard.--
(1) Notice to commission.--If a voluntary standard with
respect to which the Commission has made a determination under
subsection (d) is subsequently revised, the organization that
revised the standard shall notify the Commission after the
final approval of the revision.
(2) Effective date of revision.--Beginning on the date that
is 180 days after the Commission is notified of a revised
voluntary standard described in paragraph (1) (or such later
date as the Commission determines appropriate), such revised
voluntary standard in whole or in part shall be considered to
be a consumer product safety rule promulgated under section 9
of the Consumer Product Safety Act (15 U.S.C. 2058), in place
of the prior version, unless, within 90 days after receiving
the notice, the Commission notifies the organization that the
revised voluntary standard, in whole or in part, does not
improve the safety of the consumer product covered by the
standard and that the Commission is retaining all or part of
the existing consumer product safety standard.
(g) Future Rulemaking.--At any time after the promulgation of a
final consumer product safety standard under subsection (a), a
voluntary standard is treated as a consumer product safety rule under
subsection (e), or a revised voluntary standard becomes enforceable as
a consumer product safety rule under subsection (f), the Commission may
initiate a rulemaking in accordance with section 553 of title 5, United
States Code, to modify the requirements of the standard or revised
standard. Any rule promulgated under this subsection shall be treated
as a consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
SEC. 3. CHILD-RESISTANT PACKAGING FOR BUTTON CELL OR COIN BATTERIES.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, any button cell or coin battery sold, offered
for sale, manufactured for sale, distributed in commerce, or imported
into the United States, or included separately with a consumer product
sold, offered for sale, manufactured for sale, distributed in commerce,
or imported into the United States, shall be packaged in accordance
with the standards provided in section 1700.15 of title 16, Code of
Federal Regulations (or any successor regulation), as determined
through testing in accordance with the method described in section
1700.20 of title 16, Code of Federal Regulations (or any successor
regulation), or another test method for button cell or coin battery
packaging specified, by rule, by the Commission.
(b) Applicability.--The requirement of subsection (a) shall be
treated as a standard for the special packaging of a household
substance established under section 3(a) of the Poison Prevention
Packaging Act of 1970 (15 U.S.C. 1472(a)).
SEC. 4. EXEMPTION FOR COMPLIANCE WITH EXISTING STANDARD.
The standards promulgated under this Act shall not apply with
respect to any toy product that is in compliance with the battery
accessibility and labeling requirements of part 1250 of title 16, Code
of Federal Regulations, and in reference to section 3(a), shall not
apply with respect to button cell or coin batteries that are in
compliance with the marking and packaging provisions of the ANSI Safety
Standard for Portable Lithium Primary Cells and Batteries (ANSI
C18.3M).
SEC. 5. DEFINITIONS.
In this Act:
(1) Button cell or coin battery.--The term ``button cell or
coin battery'' means--
(A) a single cell battery with a diameter greater
than the height of the battery; or
(B) any other battery, regardless of the technology
used to produce an electrical charge, that is
determined by the Commission to pose an ingestion
hazard.
(2) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(3) 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)).
(4) Consumer product containing button cell or coin
batteries.--The term ``consumer product containing button cell
or coin batteries'' means a consumer product containing or
designed to use one or more button cell or coin batteries,
regardless of whether such batteries are intended to be
replaced by the consumer or are included with the product or
sold separately.
(5) Toy product.--The term ``toy product'' means any object
designed, manufactured, or marketed as a plaything for children
under 14 years of age.
SEC. 6. EFFECTIVE DATE.
The standard promulgated under section 2(a) and the requirements of
section 3(a) shall only apply to a product that is manufactured or
imported after the effective date of such standard or requirement.
Passed the House of Representatives July 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.