Consumer product safety standard to protect against tip-over of clothing storage units

(a)

Clothing storage unit defined

In this section, the term clothing storage unit means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture.(b)

CPSC determination of scope

The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) for purposes of the standard promulgated under subsection (c) based on tip-over data as reasonably necessary to protect children up to 72 months of age from injury or death.(c)

Consumer product safety standard required

(1)

In general

Except as provided in subsection (d)(1), not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall—(A)in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and(B)in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for clothing storage units to protect children from tip-over-related death or injury that includes—(i)tests that simulate the weight of children up to 60 pounds;(ii)objective, repeatable, and measurable tests that simulate real world use and account for any impact on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, or dynamic force;(iii)testing of all clothing storage units, including those 27 inches and above in height;(iv)tests that permit incorporated safety features (excluding tip restraints) to work as intended if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as tests developed pursuant to clauses (i) through (iii); and(v)warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission shall strengthen the requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from tip-over-related death or injury.(2)

Treatment of standard

A consumer product safety standard promulgated under paragraph (1) 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)

Subsequent rulemaking

(1)

In general

At any time subsequent to the publication of a consumer product safety standard under subsection (c)(1), the Commission shall initiate a rulemaking, in accordance with section 553 of title 5, United States Code to modify the requirements of the consumer product safety standard described in subsection (c)(1) if the Commission determines that such modifications are reasonably necessary to protect children from tip-over-related death or injury.(2)

Revision of rule

(A)

In general

If the Commission receives a petition for a new or revised test under subsection (c)(1)(B)(iv), the Commission shall determine within 120 days—(i)whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 9(i) of the Consumer Product Safety Act (15 U.S.C. 2058(i)); and(ii)whether the petition demonstrates that the test could reasonably meet the requirements of subsection (c)(1)(B)(iv), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate a rulemaking, in accordance with section 553 of title 5, United States Code, to revise the consumer product safety standard described in subsection (c)(1) to include the new or revised text.(B)

Revisions based on growth charts

If, after the date of the enactment of this Act, the Centers for Disease Control and Prevention revises its Clinical Growth Charts, the consumer product safety standard described in subsection (c)(1) shall, on the date that is 180 days after such revision, be revised to include tests that simulate the weight of children up to the 95th percentile weight of children 72 months in age, as depicted in the revised Centers for Disease Control and Prevention Clinical Growth Charts, unless the Commission determines the modification is not reasonably necessary to protect children from tip-over-related death or injury.(3)

Treatment of rules

Any rule promulgated under paragraph (1) or revision made pursuant to paragraph (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).