[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4479 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4479
To ban certain small, high-powered magnets, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2022
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To ban certain small, high-powered magnets, 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 ``Magnet Injury Prevention Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Small, high-powered magnets are commonly sold in sets
of 200 or more individual magnets.
(2) Small, high-powered magnets pose a hidden hazard to
infants, children, and teens.
(3) When 2 or more high-powered magnets are ingested, or a
high-powered magnet and a ferromagnetic object are ingested,
the force (or flux) allows magnets to find each other across or
between different segments of body tissue, such as GI tissue.
(4) When magnets, or magnets and ferromagnetic objects,
connect across or between different segments of body tissue,
the result can be perforations, abscesses, fistulas, or other
life-threatening conditions.
(5) Sometimes, the magnetic force causes the body tissue,
such as intestines, to twist, cutting off blood supply and
leading to bowel necrosis.
(6) Ingestion of 2 or more high-powered magnets, or a high-
powered magnet and a ferromagnetic object, confers a high risk
of abdominal catastrophe and death.
(7) Ingestion of 2 or more high-powered magnets has
resulted in numerous deaths and serious injuries.
(8) Children almost universally require high-cost medical
intervention following high-powered magnet ingestions.
(9) Evidence does not exist that warning information,
alone, will sufficiently reduce the hazard associated with the
ingestion of small, high-powered magnets.
(10) The absence of final regulatory action to reinstate
standards for small, high-powered magnet sets requires
legislative action.
SEC. 3. BAN ON CERTAIN MAGNETS.
(a) Ban on Certain Small, High-Powered Magnets.--Not later than 90
days after the date of enactment of this Act, covered small, high-
powered magnets, regardless of the date of manufacture, shall be
considered a banned hazardous product under section 8 of the Consumer
Product Safety Act (15 U.S.C. 2057).
(b) Covered Small, High-Powered Magnet Defined.--In this section,
the term ``covered small, high-powered magnet'' means any individual or
set of separable magnets that--
(1) is--
(A) a consumer product (as defined in section 3 of
the Consumer Product Safety Act (15 U.S.C. 2052)) that
is--
(i) designed, marketed, or intended to be
used for entertainment, jewelry (including
children's jewelry), mental stimulation, stress
relief, or a combination of these;
(ii) not a toy subject to ASTM F963 (or any
successor standard); and
(iii) not children's jewelry that is
subject to ASTM F2923 (or any successor
standard); or
(B) a component of a consumer product described in
subparagraph (A);
(2) is or contains any individual magnet that fits
completely within the small parts cylinder described in section
1501.4 of title 16, Code of Federal Regulations; and
(3) is or contains any individual magnet with a flux index
of 50 kG2 mm2 or greater.
SEC. 4. CONSUMER PRODUCT SAFETY STANDARD FOR OTHER SMALL, HIGH-POWERED
MAGNETS.
(a) Final Standard for Other Small, High-Powered Magnets.--Not
later than 12 months after the date of enactment of this Act, the
Consumer Product Safety Commission shall promulgate, in accordance with
section 553 of title 5, United States Code, a final consumer product
safety standard for other small, high-powered magnets if the Commission
determines that a consumer product safety standard is reasonably
necessary to protect children from death or injury related to such
magnets. The determination made by the Commission under this subsection
shall be made not later than 3 months after the date of the enactment
of this Act and shall be published in the Federal Register.
(b) Future Rulemaking.--At any time after 12 months after the date
of enactment of this Act, the Consumer Product Safety Commission may
promulgate, in accordance with section 553 of title 5, United States
Code, a final product safety standard for other small, high-powered
magnets.
(c) Other Small, High-Powered Magnets Defined.--In this section,
the term ``other small, high-powered magnets'' means any individual or
set of separable magnets that--
(1) is--
(A) a consumer product (as defined in section 3 of
the Consumer Product Safety Act (15 U.S.C. 2052)) that
is--
(i) designed, marketed, or intended to be
used for entertainment, jewelry (including
children's jewelry), mental stimulation, stress
relief, or a combination of these;
(ii) not a toy subject to ASTM F963 (or any
successor standard); and
(iii) not children's jewelry that is
subject to ASTM F2923 (or any successor
standard); or
(B) a component of a consumer product described in
subparagraph (A);
(2) is or contains any individual magnet that fits
completely within the small parts cylinder described in section
1501.4 of title 16, Code of Federal Regulations; and
(3) is or contains any individual magnet with a flux index
of greater than kG2 mm2 and less than or equal to 50 kG2 mm2.
<all>