[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3278 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 643
117th CONGRESS
  2d Session
                                S. 3278

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2021

Mr. Blumenthal (for himself, Mrs. Blackburn, Mr. Markey, Mr. Lujan, and 
  Mr. Durbin) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           December 14, 2022

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as ``Reese's Law''.</DELETED>

<DELETED>SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR 
              COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH 
              BATTERIES.</DELETED>

<DELETED>    (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 includes at 
least--</DELETED>
        <DELETED>    (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 prevents access to button cell or coin batteries by 
        children that are 6 years of age or younger during reasonably 
        foreseeable use or misuse conditions; and</DELETED>
        <DELETED>    (2) warning label requirements--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) to be included in any literature, such 
                as a user manual, that accompanies a consumer product 
                containing button cell or coin batteries; and</DELETED>
                <DELETED>    (C) to be included, as practicable, 
                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.</DELETED>
<DELETED>    (b) Requirements for Warning Labels.--Warning labels 
required under subsection (a)(2) shall--</DELETED>
        <DELETED>    (1) clearly identify the hazard of ingestion; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Exception for Reliance on Voluntary Standard.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) there is a voluntary consumer product 
                safety standard that meets the requirements for a 
                standard promulgated under subsection (a); 
                and</DELETED>
                <DELETED>    (B) the voluntary standard described in 
                subparagraph (A)--</DELETED>
                        <DELETED>    (i) is in effect at the time of 
                        the determination by the Commission; 
                        or</DELETED>
                        <DELETED>    (ii) will be in effect not later 
                        than the date that is 180 days after the date 
                        of the enactment of this Act.</DELETED>
        <DELETED>    (2) After promulgation of standard by 
        commission.--A final consumer product safety standard 
        promulgated under subsection (a) shall cease to apply on the 
        date described in subsection (e)(2) if the Commission 
        determines that--</DELETED>
                <DELETED>    (A) there is a voluntary consumer product 
                safety standard that meets the requirements for a 
                standard promulgated under subsection (a); 
                and</DELETED>
                <DELETED>    (B) the voluntary standard described in 
                subparagraph (A)--</DELETED>
                        <DELETED>    (i) is in effect at the time of 
                        the determination by the Commission; 
                        or</DELETED>
                        <DELETED>    (ii) will be in effect not later 
                        than the date that is 180 days after the date 
                        of the determination by the 
                        Commission.</DELETED>
        <DELETED>    (3) Determination required to be published in 
        federal register.--Any determination made by the Commission 
        under this subsection shall be published in the Federal 
        Register.</DELETED>
<DELETED>    (e) Treatment of Voluntary Standard for Enforcement 
Purposes.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Date described.--The date described in this 
        paragraph is the later of--</DELETED>
                <DELETED>    (A) the date of the determination of the 
                Commission under subsection (d) with respect to the 
                voluntary standard described in paragraph (1); 
                or</DELETED>
                <DELETED>    (B) the effective date contained in the 
                voluntary standard described in paragraph 
                (1).</DELETED>
<DELETED>    (f) Revision of Voluntary Standard.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 shall become enforceable as 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 determines that the revised voluntary 
        standard does not meet the requirements for a standard 
        promulgated under subsection (a).</DELETED>
<DELETED>    (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 or to include in the standard or revised standard any 
additional provision that the Commission determines is necessary to 
protect children from ingesting button cell or coin batteries or that 
would lessen the severity of injury or risk of death in the event of 
ingestion. 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).</DELETED>

<DELETED>SEC. 3. CHILD-RESISTANT PACKAGING FOR BUTTON CELL OR COIN 
              BATTERIES.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 4. EXEMPTION FOR COMPLIANCE WITH EXISTING 
              STANDARD.</DELETED>

<DELETED>    The standards promulgated under this Act shall not apply 
with respect to any toy product that is in compliance with ASTM 
International's Standard Consumer Safety Specification for Toy Safety 
(F963) on the date of enactment of this Act.</DELETED>

<DELETED>SEC. 5. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Button cell or coin battery.--The term 
        ``button cell or coin battery'' means--</DELETED>
                <DELETED>    (A) a single cell battery with a diameter 
                greater than the height of the battery; or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        Consumer Product Safety Commission.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Toy product.--The term ``toy product'' means 
        any object designed, manufactured, or marketed as a plaything 
        for children under 14 years of age.</DELETED>

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, 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 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 where 
                there is a voluntary consumer product safety standard 
                that meets the requirements for a standard promulgated 
                under subsection (a) with respect to such products; 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.
                                                       Calendar No. 643

117th CONGRESS

  2d Session

                                S. 3278

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           December 14, 2022

                       Reported with an amendment