[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7112-H7115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REESE'S LAW
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5313) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5313
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 ``Reese's Law''.
[[Page H7113]]
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--
(i) 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
(ii) 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 for which there is
a voluntary consumer product safety standard that meets the
requirements for a standard promulgated under subsection (a)
with respect to such product; 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Latta) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5313.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 5313, Reese's Law.
I want to begin by thanking Consumer Protection and Commerce
Subcommittee Chair Schakowsky for her dedication to protecting
consumers from dangerous products and Representatives Kelly, Arrington,
and Lieu for introducing this bipartisan legislation that will save
children's lives.
Reese's Law is named after Reese Hamsmith, an 18-month-old girl who
lost her life from complications caused by swallowing a button battery.
These are small, single-cell batteries that look like a disc or a
button. Today, they are used to power common household electronics like
television remotes, key fobs, and meat thermometers. Because of their
small size and availability around the house, button cell or coin
batteries pose a serious
[[Page H7114]]
harm to children under 6 who can suffer serious injuries or death if
they swallow these batteries.
According to Reese's mother, Trista Hamsmith, Reese was a spunky,
sassy, full-of-life little girl who at an early age took the attention
of an entire room the moment she walked in. While Trista was in the
hospital with Reese, she decided that she wanted to spread awareness
about the dangers of button batteries. In her testimony before our
committee, Trista said about Reese: ``Her Earthly battle may be over,
but her true battle, her true plan, and her true purpose has just
begun.''
Reese's Law requires the Consumer Product Safety Commission to
establish mandatory safety standards to protect children from ingesting
button cell or coin batteries.
The CPSC's standards should include requirements for button cell or
coin battery packaging to make the batteries more difficult to access.
The packages must also include warning labels to warn consumers about
the dangers of ingesting these products and instruct consumers about
keeping new and used batteries out of the reach of children.
This legislation is a testament to the bravery and tireless advocacy
of Trista Hamsmith and parents everywhere who have lost children to
accidental ingestion of these products. This is crucial legislation
that will save kids' lives, and that is why I call on my colleagues to
support it today.
Mr. Speaker, I reserve the balance of my time.
{time} 1615
Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, Reese's Law will require the Consumer Product Safety
Commission to establish safety standards to protect children from
ingesting button cell batteries. It also includes an education
component for consumers to ensure they are keeping new and used
batteries out of the reach of children.
I thank Representatives Arrington and Kelly for spearheading this
effort, and to Trista Hamsmith for her tireless efforts.
We are all inspired by Trista, who has been willing to share her
daughter's tragic story and channel it into an action that will help
save lives.
Mr. Speaker, I urge all my colleagues to support this legislation,
and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Illinois (Ms. Schakowsky) who chairs our Consumer
Protection and Commerce Subcommittee, from which this bill came.
Ms. SCHAKOWSKY. Mr. Speaker, I thank all of the cosponsors of the
legislation. Particularly, I want to mention Robin Kelly, who is not
able to be here today. I know she wanted to be able to speak to this
legislation.
But it was brought to our Consumer Protection and Commerce
Subcommittee by a really brave mom, and that is Trista Hamsmith, a
woman who lost her 18-month-old daughter, Reese, tragically after she
ingested a tiny button cell battery.
And I am just so proud of not only the subcommittee, but the full
committee that unanimously has passed this and brought it now to the
floor.
But we give a special thanks to Trista Hamsmith, mom of Reese.
So, as the chairman mentioned, these batteries are found in many
household devices and even toys that are used by children. And it is
estimated that once every 3 minutes, a child is treated in an emergency
room having swallowed one of these small batteries.
These deaths and injuries that continue are absolutely not necessary
because voluntary standards for their packaging and to protect children
are just not present.
And so, Reese's Law would require that the Consumer Product Safety
Commission draft mandatory standards for these button cell or coin
batteries. And these standards will ensure that the batteries'
packaging would have information about what is dangerous; and that they
would be child-resistant and would have warning labels on the packages
and instructions for parents to protect their children.
More times than not, I want to just say that in our subcommittee we
learn from parents about the hazards that their children face. And I am
just so proud that, with the help of Gus Bilirakis, the ranking member
of the subcommittee, the help of both the chairman and the ranking
member of the full committee, and our full committee, we are able to
address these hazards.
And the fact that Trista was able to bring Reese's story to us and
tell it--you know, sometimes I think that our subcommittee is--you
know, we have to pass out tissues because of the stories that we hear
from these parents--and turn their tragedy into power and are able to
make the difference.
So I just want to thank my friends and colleagues, and I look forward
to passing this legislation.
Mr. LATTA. Mr. Speaker, I yield 3 minutes to the gentleman from Texas
(Mr. Arrington) who has worked on this piece of legislation.
Mr. ARRINGTON. Mr. Speaker, Trista and Chris Hamsmith lived every
parents' worst nightmare when their 18-month-old daughter, Reese,
swallowed a button battery from the back of a remote control. It went
undetected for a couple of days before an x-ray revealed that the
battery was lodged in her esophagus. It burned a hole in her esophagus.
By the time the doctors dislodged the battery, it had gone so long,
and the unique nature of these batteries, it had done irreparable harm
and, eventually, unfortunately, led to her death.
But like a strong west Texas woman, and a mom on a mission, Trista
prayerfully set out to make sure that other families would not have to
experience this horrible tragedy. She started Reese's Purpose, a
nonprofit aimed at raising awareness of the dangers of button batteries
and advocating for strong safety measures.
While I am an ardent limited-government and less-regulation guy, it
was evident to me, and thanks to Trista's diligence, quite frankly,
that these button batteries were uniquely dangerous. They would burn
holes in kids' stomachs or their esophagi and cause major complications
and even death.
And the cases where children were ingesting these batteries were
growing exponentially; 8,000 in 2020. During COVID, we saw a 93 percent
uptick in kids going to the emergency room having ingested these
batteries.
I was convinced it needed appropriate immediate action, and I spoke
to the Commissioner of the Consumer Products Safety Commission. They
agreed it was a serious safety risk; but they said it would take 3 to 5
years for the rulemaking process.
That is when I connected with my colleague, Robin Kelly. We
introduced this bipartisan legislation that we affectionately refer to
as Reese's Law, which would require the CPSC to put enhanced safety
standards, including packaging, warning labels, and the like.
I am glad we are voting on this. I am proud of Trista and her family.
I encourage my colleagues to vote ``yes;'' send it to the Senate,
where they can act swiftly to do the same.
Mr. Speaker, I am so proud to represent west Texas, the most
kindhearted and compassionate people, and I am especially honored to be
a small part of Reese's Purpose and partner with such a strong,
persistent, and loving mom in Trista Hamsmith, who I now call Trista
``the Hammer'' Hamsmith.
God bless America. God bless these children. I hope we can save some
lives.
And go west Texas.
Mr. PALLONE. Mr. Speaker, I have no additional speakers. I am
prepared to close. I reserve the balance of my time.
Mr. LATTA. Mr. Speaker, I thank all the Members that worked on this
very important piece of legislation because this is a piece of
legislation that is going to help save countless children's lives.
I also thank Trista for her unending work to make sure this
legislation gets across the finish line.
So, Mr. Speaker, I ask the passage of this legislation, and I yield
back the balance of my time.
Mr. PALLONE. Mr. Speaker, as I said, this bill is a testament to the
bravery and tireless advocacy of Trista Hamsmith and parents everywhere
who have lost children to accidental ingestion of these products. So
this is a crucial bill that will save kids' lives, and that is why I
call on my colleagues to support it today.
Mr. Speaker, I yield back the balance of my time.
[[Page H7115]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 5313, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________