[Congressional Record Volume 161, Number 33 (Thursday, February 26, 2015)]
[Senate]
[Pages S1164-S1165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Nelson, Mr. Blumenthal, Mr. 
        Markey, and Ms. Klobuchar):
  S. 588. A bill to require the Consumer Product Safety Commission to 
establish a consumer product safety standard for liquid detergent 
packets to protect children under the age of five from injury or 
illness, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 588

       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 ``Detergent Poisoning And 
     Child Safety Act of 2015'' or the ``Detergent PACS Act of 
     2015''.

     SEC. 2. SPECIAL PACKAGING AND OTHER REQUIREMENTS FOR LIQUID 
                   DETERGENT PACKETS.

       (a) Definitions.--In this Act:
       (1) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (2) 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)).
       (3) Detergent packet.--The term ``detergent packet'' means 
     a consumer product that consists of a detergent enclosed in a 
     water soluble outer layer.
       (4) Liquid detergent packet.--The term ``liquid detergent 
     packet'' means a consumer product that consists of a 
     substantially liquid or gel detergent enclosed in a water 
     soluble outer layer.
       (5) Special packaging.--The term ``special packaging'' has 
     the meaning given that term in section 2 of the Poison 
     Prevention Packaging Act of 1970 (15 U.S.C. 1471).
       (b) Safety Standards Required.--
       (1) In general.--Except as provided in subsection (c)(1), 
     not later than 540 days after the date of the enactment of 
     this Act, the Commission shall promulgate a final rule that 
     establishes safety standards for liquid detergent packets to 
     protect children who are younger than 5 years of age from 
     injury or illness caused by exposure to such packets.
       (2) Elements.--The final rule promulgated under paragraph 
     (1) shall--
       (A) require special packaging for liquid detergent packets;
       (B) include standards to address the design and color of 
     liquid detergent packets to--
       (i) make them less attractive to children;
       (ii) reduce the likelihood of exposure to detergent; and
       (iii) otherwise reduce risks related to the ingestion or 
     aspiration of, or ocular contact with, detergent and other 
     potential injury risks of liquid detergent packets;
       (C) include standards to address the composition of liquid 
     detergent packets to make the consequences of exposure less 
     severe; and
       (D) prescribe warning labels that--
       (i) adequately inform consumers of the potential risks of 
     injury and death caused by liquid detergent packets;
       (ii) are conspicuous and visible at the point of sale;
       (iii) clarify hazard patterns, including known consequences 
     of such hazards; and
       (iv) identify actions needed to avoid injury.
       (3) Treatment as consumer product safety standard.--A rule 
     promulgated under paragraph (1) shall be treated as a 
     consumer product safety standard described in section 7(a) of 
     the Consumer Product Safety Act (15 U.S.C. 2056(a)).
       (4) Rulemaking.--
       (A) In general.--A rule under paragraph (1) shall be 
     promulgated in accordance with section 553 of title 5, United 
     States Code.
       (B) Inapplicability of certain requirements.--Section 9 of 
     the Consumer Product Safety Act (15 U.S.C. 2058) shall not 
     apply to a rulemaking under paragraph (1).
       (c) Adoption of Voluntary Standard.--
       (1) In general.--Subsection (b)(1) shall not apply if the 
     Commission determines that--
       (A) a voluntary standard pertaining to liquid detergent 
     packets manufactured or imported for use in the United States 
     protects children as described in subsection (b)(1);
       (B) such voluntary standard is or will be in effect not 
     later than 1 year after the date of the enactment of this 
     Act; and
       (C) such voluntary standard is developed by ASTM 
     International Subcommittee F15.71 on Liquid Laundry Packets, 
     or such other entity as the Commission considers a successor 
     to ASTM International Subcommittee F15.71.
       (2) Publication of determination.--If the Commission makes 
     a determination under paragraph (1), the Commission shall 
     publish such determination in the Federal Register.
       (3) Treatment of voluntary standard.--If the Commission 
     determines that a voluntary standard meets the conditions in 
     paragraph (1), such standard shall be treated as a consumer 
     product safety standard described in section 7(a) of the 
     Consumer Product Safety Act (15 U.S.C. 2056(a)) beginning on 
     the date that is the later of--
       (A) the date that is 180 days after the date of the 
     publication under paragraph (2) of such determination; or
       (B) the effective date specified in the voluntary standard.
       (4) Revision of voluntary standard.--
       (A) Notice of revision.--If a voluntary standard is treated 
     as a consumer product safety standard under paragraph (3) and 
     such standard is revised by ASTM International

[[Page S1165]]

     after the Commission makes a determination under paragraph 
     (1), ASTM International shall notify the Commission of such 
     revision not later than 60 days after making such revision.
       (B) Treatment of revisions.--A voluntary standard with 
     respect to which the Commission receives notice under 
     subparagraph (A) shall be treated as a consumer product 
     safety standard described in section 7(a) of the Consumer 
     Product Safety Act (15 U.S.C. 2056(a)), promulgated in lieu 
     of the prior version, effective 180 days after the date the 
     Commission is notified of the revision under subparagraph 
     (A), unless not later than 90 days after receiving that 
     notice the Commission determines that the revised voluntary 
     standard does not meet the requirements of paragraph (1)(A), 
     in which case the Commission shall continue to enforce the 
     prior version.
       (d) Future Rulemaking.--
       (1) In general.--The Commission may, at any time after 
     promulgating a final rule under subsection (b)(1) or making a 
     determination under subsection (c)(1), promulgate such rules 
     in accordance with section 553 of title 5, United States 
     Code, as the Commission considers appropriate to protect, to 
     the maximum degree practicable, children as described in 
     subsection (a)(1).
       (2) Treatment as consumer product safety standard.--A rule 
     promulgated under paragraph (1) shall be treated as a 
     consumer product safety standard described in section 7(a) of 
     the Consumer Product Safety Act (15 U.S.C. 2056(a)).
       (3) Inapplicability of certain requirements.--Section 9 of 
     the Consumer Product Safety Act (15 U.S.C. 2058) shall not 
     apply to a rulemaking under paragraph (1).
       (e) Report to Congress.--
       (1) In general.--Not later than 4 years after the date of 
     the enactment of this Act, the Commission shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on risks posed by detergent 
     packets to young children and how the Commission is working 
     to protect such children from such risks.
       (2) Matters covered.--The report required by paragraph (1) 
     shall include the following:
       (A) A quantitative assessment of annual national pediatric 
     exposure to detergent packets, including the number of 
     exposure incidents, the means of exposure (whether by 
     ingestion, aspiration, or ocular contact), the clinical 
     effects of the exposures, and medical outcomes.
       (B) An assessment as to whether the rule promulgated under 
     subsection (b)(1) or the voluntary standard adopted under 
     subsection (c), as the case may be, has been effective in 
     protecting young children from injury or illness caused by 
     exposure to detergent packets.
       (C) Such recommendations for legislative or administrative 
     action as the Commission may have to protect young children 
     as described in subparagraph (B).
       (3) Publication.--The Commission shall make the report 
     required by paragraph (1) available to the public on Internet 
     website of the Commission.
                                 ______