HR 1698 IHCommentsClose CommentsPermalink

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each durable infant or toddler product, and for other purposes.CommentsClose CommentsPermalink

March 26, 2007

Ms. SCHAKOWSKY (for herself, Mrs. MCCARTHY of New York, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each durable infant or toddler product, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Infant and Toddler Durable Product Safety Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal.CommentsClose CommentsPermalink





(2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs.CommentsClose CommentsPermalink





(3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone.CommentsClose CommentsPermalink





(4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units.CommentsClose CommentsPermalink

SEC. 3. PURPOSE.

The purpose of this Act is to prevent dangerous children's products from getting to the market, by requiring independent testing of all durable infant and toddler products before they enter commerce.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.CommentsClose CommentsPermalink





(2) DURABLE INFANT OR TODDLER PRODUCT- The term `durable infant or toddler product'--CommentsClose CommentsPermalink





(A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; andCommentsClose CommentsPermalink





(B) includes--CommentsClose CommentsPermalink





(i) full-size cribs and nonfull-size cribs;CommentsClose CommentsPermalink





(ii) toddler beds;CommentsClose CommentsPermalink





(iii) high chairs, booster chairs, and hook-on chairs;CommentsClose CommentsPermalink





(iv) bath seats;CommentsClose CommentsPermalink





(v) gates and other enclosures for confining a child;CommentsClose CommentsPermalink





(vi) play yards;CommentsClose CommentsPermalink





(vii) stationary activity centers;CommentsClose CommentsPermalink





(viii) infant carriers;CommentsClose CommentsPermalink





(ix) strollers;CommentsClose CommentsPermalink





(x) walkers;CommentsClose CommentsPermalink





(xi) swings; andCommentsClose CommentsPermalink





(xii) bassinets and cradles.CommentsClose CommentsPermalink





(3) PANEL- The term `Panel' means the Infant and Toddler Product Review Panel established under section 7.CommentsClose CommentsPermalink

SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND TODDLER PRODUCTS.

(a) In General- The Consumer Products Safety Commission shall, without regard to sections 7(b)(1) and 9(f)(3)(D) of the Consumer Product Safety Act (15 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a consumer product safety standard under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) for each durable infant or toddler product.CommentsClose CommentsPermalink





(b) Schedule- The Commission shall promulgate consumer product safety standards under this section--CommentsClose CommentsPermalink





(1) for at least 7 durable infant or toddler products every 2 calendar years beginning after the date of the enactment of this Act, through 2013; andCommentsClose CommentsPermalink





(2) for all durable infant or toddler products by not later than December 31, 2013.CommentsClose CommentsPermalink





(c) Consultation With Panel- The Commission shall promulgate any consumer product safety standard under this section for a durable infant or toddler product--CommentsClose CommentsPermalink





(1) in consultation with the Panel; andCommentsClose CommentsPermalink





(2) after considering the results of a review by such panel of any existing guidelines for that product.CommentsClose CommentsPermalink

SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION.

(a) In General- The Commission shall by rule--CommentsClose CommentsPermalink





(1) require that testing and certification required under section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for a durable infant or toddler product shall be performed by an independent third party; andCommentsClose CommentsPermalink





(2) require the use, and prescribe the form and content, of a label under section 14(c) for such products for which such a certificate is issued, including a seal prescribed under subsection (b).CommentsClose CommentsPermalink





(b) Consultation With Panel- The Commission shall delegate to the Panel the authority to prescribe a seal that shall be used, under the labeling requirements under subsection (a)(2), for infant or toddler products that are certified pursuant to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable consumer product safety standards promulgated under this Act.CommentsClose CommentsPermalink

SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL.

(a) Establishment- The Commission shall establish an Infant and Toddler Product Review Panel to advise the Commission regarding the implementation of this Act.CommentsClose CommentsPermalink





(b) Functions- The Panel shall--CommentsClose CommentsPermalink





(1) review and report to the Commission regarding the existing guidelines for durable infant or toddler products; andCommentsClose CommentsPermalink





(2) advise the Commission regarding the promulgation of consumer product safety standards under this Act.CommentsClose CommentsPermalink





(c) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Panel shall be comprised of--CommentsClose CommentsPermalink





(A) representatives of--CommentsClose CommentsPermalink





(i) the juvenile product manufacturers industry;CommentsClose CommentsPermalink





(ii) consumer groups; andCommentsClose CommentsPermalink





(iii) independent child product engineers and experts; andCommentsClose CommentsPermalink





(B) Consumer Product Safety Commission engineers.CommentsClose CommentsPermalink





(2) LIMITATION- Representatives under paragraph (1)(A)(i) shall not exceed 40 percent of the membership of the Panel.CommentsClose CommentsPermalink

SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT.

(a) Removal of Limitation on Maximum Civil Penalty- Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended--CommentsClose CommentsPermalink





(1) in the second sentence by striking `Subject to paragraph (2),' and inserting `Subject to paragraphs (2) and (3),'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(4) The second sentence of paragraph (1) shall not apply to any violation with respect to a durable infant or toddler product.'.CommentsClose CommentsPermalink





(b) Requirements Regarding Disclosure of Information Not Applicable- Section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(9) This subsection shall not apply with respect to any durable infant or toddler product.'.CommentsClose CommentsPermalink





(c) Definition of Durable Infant or Toddler Product- Section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(15) The term `durable infant or toddler product' has the meaning given that term in the Infant and Toddler Product Safety Act.'.CommentsClose CommentsPermalink