[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5002 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5002

     To regulate compressed air dusters to prevent inhalant abuse.


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                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2026

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

_______________________________________________________________________

                                 A BILL


 
     To regulate compressed air dusters to prevent inhalant abuse.

    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 ``Duster Inhalation Prevention Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Aerosol duster product.--The term ``aerosol duster 
        product'' means a product that uses a pressurized canister 
        filled with gas or liquified gas to create a stream of gas 
        hydrofluorocarbons or similar propellants that is primarily 
        used to dislodge or remove dust and debris.
            (2) Base period.--The ``base period'' with respect to 
        aerosol duster products means the average monthly manufacture 
        or import volume for any month within the 13-month period 
        immediately preceding the date of enactment of this Act.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (4) Recreational inhalation.--The term ``recreational 
        inhalation'' with respect to a person means knowingly inhaling 
        aerosol duster propellants to become intoxicated or impaired.
            (5) Stockpile.--The term ``stockpile'' means the 
        manufacturing or importing of aerosol duster products at a rate 
        greater than 105 percent of the rate at which such products 
        were manufactured or imported during the base period for the 
        manufacturer or importer.

SEC. 3. CLASSIFICATION AS A HAZARDOUS PRODUCT.

    (a) In General.--The Commission shall declare 1,1-difluoroethane 
(HFC-152a), 1,1,1,2-tetrafluoroethane (HFC-134a), or any derivative 
product of HFC-152a or HFC-134a to be hazardous substances under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 note).
    (b) Banning of Dusters.--An aerosol duster product, or other 
aerosol product, shall be a banned hazardous substance under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 note) if such product 
contains more than 18 mg of one or more of the hazardous substances 
described in subsection (a).
    (c) Prohibition.--In implementing this section, the Commission 
shall ensure that a manufacturer does not stockpile aerosol products 
banned under subsection (b).
    (d) Additional Propellants.--The Commission may by regulation 
promulgated in accordance with section 553 of title 5, United States 
Code, add additional harmful propellants that are used for the 
recreational inhalation of gas from compressed air dusters to the 
hazardous substances described in subsection (a) if the Commission 
determines such addition to be appropriate.
    (e) Limitation.--Nothing in this Act shall apply to drugs regulated 
by the Food and Drug Administration.
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