[House Report 117-440]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-440
======================================================================
REESE'S LAW
_______
July 26, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 5313]
The Committee on Energy and Commerce, to whom was referred
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,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................4
II. Background and Need for the Legislation..........................4
III. Committee Hearings...............................................4
IV. Committee Consideration..........................................5
V. Committee Votes..................................................5
VI. Oversight Findings...............................................8
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures8
VIII.Federal Mandates Statement.......................................8
IX. Statement of General Performance Goals and Objectives............8
X. Duplication of Federal Programs..................................8
XI. Committee Cost Estimate..........................................8
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......8
XIII.Advisory Committee Statement.....................................9
XIV. Applicability to Legislative Branch..............................9
XV. Section-by-Section Analysis of the Legislation...................9
XVI. Changes in Existing Law Made by the Bill, as Reported...........10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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--
(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.
I. PURPOSE AND SUMMARY
H.R. 5313, ``Reese's Law,'' requires the Consumer Product
Safety Commission (CPSC) to promulgate a final consumer product
safety standard to protect children from ingesting button cell
batteries or coin batteries. The standard shall include
requirements for button cell battery packaging and warning
label requirements to warn consumers of the hazards of
ingestion and instruct consumers to keep new and used batteries
out of the reach of children. The bill is named after Reese
Hamsmith, an 18-month-old child who tragically died after
ingesting a button cell battery.
II. BACKGROUND AND NEED FOR LEGISLATION
Button cell or coin batteries are small, single-cell
batteries with a diameter greater than the height of the
battery, so that it resembles a button. These batteries can be
used to power children's toys, television remotes, key fobs,
and meat thermometers, among other common household items. Due
to their small size and availability in various household
electronics, button cell batteries pose a serious harm to
children under six years old who can suffer serious injuries or
death if they swallow these batteries.\1\ The battery can get
caught in the child's esophagus and burn the esophageal tissue,
and, in some cases, these burns can rapidly create a hole in
the esophagus, which can lead to difficulty breathing and
eating.\2\
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\1\Trisha Korioth, Parent Plus: Button Batteries Can Cause
Injuries, Death if Swallowed, American Academy of Pediatrics (May 6,
2016) (https://publications.aap.org/aapnews/news/
12468?autologincheck=redirected).
\2\Her Daughter Swallowed a Button Battery and Died, Now This Mom
is Taking Action, Today (Mar. 1, 2021).
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In 2021, the CPSC found that injuries related to batteries
among children between the ages of five and nine rose by 93
percent during the first six months of the coronavirus disease
of 2019 (COVID-19) pandemic, from March to September 2020.\3\
Consumer and parent advocacy groups have urged manufacturers to
make safer button cell batteries or to make safer device covers
for compartments where these batteries are kept.\4\
---------------------------------------------------------------------------
\3\Consumer Product Safety Commission, Effect of Novel Coronavirus
Pandemic on 2020 Preliminary NEISS Estimates (March-September, 2020)
(Jan. 11, 2021).
\4\See note 2.
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III. COMMITTEE HEARINGS
For the purposes of section 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 5313:
The Subcommittee on Consumer Protection and Commerce held a
legislative hearing on May 26, 2022. The hearing was entitled,
``Legislative Hearing to Protect Consumers and Strengthen the
Economy.'' The Subcommittee received testimony from the
following witnesses:
Katlin Kraska, Director of Federal
Legislation, Government Relations, American Society for
the Prevention of Cruelty to Animals;
Julie Menin, Former Commissioner, New York
City Department of Consumer Affairs;
Hadley Heath Manning, Vice President for
Policy, Independent Women's Forum; Partner, Wiley Rein
LLP;
Michael O'Neal, Vice President--Corporate
Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom,
Reese's Purpose;
Eric D. Hagopian, CEO and President, Pilot
Precision Products; and
Tori Barnes, Executive Vice President,
Public Affairs and Policy, U.S. Travel Association.
IV. COMMITTEE CONSIDERATION
H.R. 5313, ``Reese's Law,'' was introduced on September 21,
2021, by Representative Robin Kelly (D-IL) and referred to the
Committee on Energy and Commerce. Subsequently, on September
22, 2021, the bill was referred to the Subcommittee on Consumer
Protection and Commerce. A legislative hearing was held on May
26, 2022. On June 23, 2022, the Subcommittee on Consumer
Protection and Commerce met in open markup session, pursuant to
notice, to consider H.R. 5313 and seven other bills. An
amendment in the nature of a substitute was offered by
Representative Kelly and agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee on
Consumer Protection and Commerce agreed to report the bill
favorably to the full Committee, amended, by a roll call vote
of 21 yeas to zero nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 5313 and five
other bills. During consideration of the bill, no amendments
were offered. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5313 reported favorably to the House, as amended by the
Subcommittee on Consumer Protection and Commerce, by a roll
call vote of 54 yeas to zero nays.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were two record votes taken on
H.R. 5313, including a motion by Mr. Pallone ordering H.R. 5313
favorably reported to the House, amended. The motion on final
passage of the bill was approved by a record vote of 54 yeas to
zero nays. The following are the record votes taken during
Committee consideration, including the names of those members
voting for and against:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to direct
the CPSC to promulgate a final consumer product safety standard
to protect children from ingesting button cell batteries or
coin batteries, which can cause serious injury and death.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 5313 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 5313 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title 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
Section 2 requires that no later than one year after the
date of enactment of this Act, the CPSC shall promulgate a
final consumer product safety standard for button cell or coin
batteries and consumer products containing button cell or coin
batteries. The standard shall include a performance standard
requiring the button cell or coin battery compartment of a
consumer product be secured in a manner that would eliminate or
adequately reduce the risk of injury from button or coin cell
battery ingestion by children six years old and younger during
reasonably foreseeable use and misuse conditions. The standard
shall also include warning label requirements to be included on
the packaging of the button cell or coin batteries and the
packaging of the consumer product containing the batteries. A
warning label requirement under this section also applies to
any literature, like a user manual, that comes with the
consumer product containing the button cell or coin batteries.
Section 2 also requires that warning labels be placed
directly on the consumer product in a way 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 of the
battery compartment. Warning labels must clearly identify the
hazard of ingestion and instruct consumers to keep new and used
batteries out of reach of children and to seek medical
attention immediately if a battery is ingested.
Under Section 2, manufacturers of button and coin cell
batteries are considered in compliance for enforcement purposes
if the manufacturer is relying on a voluntary safety standard
that the CPSC approves of prior to promulgation of the new
safety standard. The CPSC may also adopt the voluntary standard
as the new safety standard should it find the voluntary
standard meets the requirements of this Act during rulemaking.
Sec. 3. Child-resistant packaging for button cell or coin batteries
Section 3 requires that 180 days after the date of
enactment of this Act, any button cell or coin battery that is
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, as determined through
testing in accordance with the method described in section
1700.20 of title 16, Code of Federal Regulations. Compliance
with these standards include any successor regulations.
Sec. 4. Exemption for compliance with existing standard
Section 4 exempts toy products that are in compliance with
the battery accessibility and labeling requirements of part
1250 of title 16, Code of Federal Regulations and 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) from the
standards promulgated by the CPSC pursuant to this Act.
Sec. 5. Definitions
Section 5 addresses how terms used in the bill are defined.
Sec. 6. Effective date
Section 6 establishes that the standard promulgated in
section 2 shall only apply to a product that is manufactured or
imported after the effective date of such standard.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
5313.
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