122 STAT. 2602 PUBLIC LAW 110–278—JULY 17, 2008 

Public Law 110–278 

110th Congress 

An Act 

To require the Consumer Product Safety Commission to issue regulations mandating 

child-resistant closures on all portable gasoline containers. 

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 ‘‘Children’s Gasoline Burn Prevention Act’’. 

SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS. 

(a) CONSUMER PRODUCT SAFETY RULE.—The provision of subsection (b) shall be considered to be a consumer product safety 

rule issued by the Consumer Product Safety Commission under 

section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 

(b) REQUIREMENTS.—Effective 6 months after the date of enactment of this Act, each portable gasoline container manufactured 

on or after that date for sale in the United States shall conform 

to the child-resistance requirements for closures on portable gasoline containers specified in the standard ASTM F2517-05, issued 

by ASTM International. 

(c) DEFINITION.—As used in this Act, the term ‘‘portable gasoline container’’ means any portable gasoline container intended 

for use by consumers. 

(d) REVISION OF RULE.—If, after the enactment of this Act, 

ASTM International proposes to revise the child resistance requirements of ASTM F2517-05, ASTM International shall notify the 

Consumer Product Safety Commission of the proposed revision and 

the proposed revision shall be incorporated in the consumer product 

safety rule under subsection (a) unless, within 60 days of such 

notice, the Commission notifies ASTM International that the 

Commission has determined that such revision does not carry out 

the purposes of subsection (b). 

(e) IMPLEMENTING REGULATIONS.—Section 553 of title 5, United 

States Code, shall apply with respect to the issuance of any regulations by the Consumer Product Safety Commission to implement 

the requirements of this section, and sections 7 and 9 of the Consumer Product Safety Act shall not apply to such issuance. 

(f) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Consumer Product Safety Commission shall transmit 

to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on— 

(1) the degree of industry compliance with the standard 

promulgated under subsection (a); 

Applicability. 

Notification. 

Deadline. 

Effective date. 

Children’s 

Gasoline Burn 

Prevention Act. 

15 USC 2056 

note. 

July 17, 2008 

[H.R. 814] 


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PUBLIC LAW 110–278—JULY 17, 2008 122 STAT. 2603 

LEGISLATIVE HISTORY—H.R. 814: 

HOUSE REPORTS: No. 110–367 (Comm. on Energy and Commerce). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Oct. 9, considered and passed House. 

Vol. 154 (2008): June 16, considered and passed Senate. 

Æ 

(2) any enforcement actions brought by the Commission 

to enforce such standard; and 

(3) incidents involving children interacting with portable 

gasoline containers (including both those that are and are not 

in compliance with the standard promulgated under subsection 

(a)). 

Approved July 17, 2008. 


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