I 

108TH CONGRESS 

1ST SESSION H. R. 3371

To provide for infant crib safety, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2003

Mrs. TAUSCHER (for herself, Mr. GREENWOOD, Mr. LAMPSON, Ms. JACKSONLEE of Texas, Ms. LEE, Mr. TOWNS, Ms. MILLENDER-MCDONALD, Ms. 

DELAURO, Mr. SANDERS, Mr. PAYNE, Mr. SCHIFF, Mrs. NAPOLITANO, 

Ms. NORTON, Mr. WELDON of Pennsylvania, Mr. BAIRD, Ms. MCCARTHY

of Missouri, Mr. FROST, Mr. STENHOLM, Mr. WU, Ms. CORRINE BROWN

of Florida, and Ms. SCHAKOWSKY) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL

To provide for infant crib safety, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Infant Crib Safety 

5 Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 
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1 (1) The disability and death of infants resulting 

2 from injuries sustained in crib incidents are a seri3 ous threat to the public health, welfare, and safety 

4 of people of this country. 

5 (2) The design and construction of a baby crib 

6 must ensure that it is safe to leave an infant unat7 tended for extended periods of time. A parent or 

8 caregiver has a right to believe that the crib in use 

9 is a safe place to leave an infant. 

10 (3) Each year about 12,000 children ages 2 and 

11 under are injured in cribs seriously enough to re12 quire hospital treatment. 

13 (4) Each year at least 30 children age 4 and 

14 under die from injuries sustained in cribs. 

15 (5) The United States Consumer Product Safe16 ty Commission estimates that the cost to society re17 sulting from deaths due to cribs is at least 

18 $150,000,000 per year. 

19 (6) Secondhand, hand-me-down, and heirloom 

20 cribs pose a special problem. There are nearly 4 mil21 lion infants born in this country each year, but only 

22 an estimated one million to two million new cribs 

23 sold. Many infants are placed in secondhand, hand24 me-down, or heirloom cribs. 
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1 (7) Most crib deaths occur in secondhand, 

2 hand-me-down, or heirloom cribs. 

3 (8) Existing State and Federal legislation is in4 adequate to deal with the hazard presented by sec5 ondhand, hand-me-down, or heirloom cribs. 

6 (9) Prohibiting the contracting to sell, resell, 

7 lease, sublease of unsafe cribs that are not new, or 

8 otherwise place in the stream of commerce unsafe 

9 secondhand, hand-me-down, or heirloom cribs, will 

10 prevent injuries and deaths caused by cribs. 

11 (b) PURPOSE.—The purpose of this Act is to prevent 

12 the occurrence of injuries and deaths to infants as a result 

13 of unsafe cribs by making it illegal—

14 (1) to manufacture, sell, or contract to sell any 

15 crib that is unsafe for any infant using it; or 

16 (2) to resell, lease, sublet, or otherwise place in 

17 the stream of commerce, after the effective date of 

18 this Act, any unsafe crib, particularly any unsafe 

19 secondhand, hand-me-down, or heirloom crib. 

20 SEC. 3. DEFINITIONS. 

21 As used in this Act, the following definitions apply: 

22 (1) COMMERCIAL USER.—

23 (A) The term ‘‘commercial user’’ means—
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1 (i) any person who manufactures, 

2 sells, or contracts to sell full-size cribs or 

3 nonfull-size cribs; or 

4 (ii) any person who—

5 (I) deals in full-size or nonfull6 size cribs that are not new or who 

7 otherwise by one’s occupation holds 

8 oneself out as having knowledge or 

9 skill peculiar to full-size cribs or 

10 nonfull-size cribs, including child care 

11 facilities and family child care homes; 

12 or 

13 (II) is in the business of con14 tracting to sell or resell, lease, sublet, 

15 or otherwise placing in the stream of 

16 commerce full-size cribs or nonfull-size 

17 cribs that are not new. 

18 (B) The term ‘‘commercial user’’ does not 

19 mean an individual who sells a used crib at a 

20 one-time private sale. 

21 (2) CRIB.—The term ‘‘crib’’ means a full-size 

22 crib or nonfull-size crib. 

23 (3) FULL-SIZE CRIB.—The term ‘‘full-size crib’’ 

24 means a full-size baby crib as defined in section 
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1 1508.1 of title 16 of the Code of Federal Regula2 tions. 

3 (4) INFANT.—The term ‘‘infant’’ means any 

4 person less than 35 inches tall or less than 2 years 

5 of age. 

6 (5) NONFULL-SIZE CRIB.—The term ‘‘nonfull7 size crib’’ means a nonfull-size baby crib as defined 

8 in section 1509.2(b) of title 16 of the Code of Fed9 eral Regulations (including a portable crib and a 

10 crib-pen described in paragraph (2) of subsection (b) 

11 of that section). 

12 SEC. 4. REQUIREMENTS FOR CRIBS. 

13 The Federal Hazardous Substances Act (15 U.S.C. 

14 1261 et seq.) is amended by adding at the end the fol15 lowing new section: 

16 ‘‘SEC. 25. REQUIREMENTS FOR CRIBS. 

17 ‘‘(a) MANUFACTURE AND SALE OF CRIBS.—It shall 

18 be unlawful for any commercial user—

19 ‘‘(1) to manufacture, sell, or contract to sell, 

20 any full-size crib or nonfull-size crib that is unsafe 

21 for any infant using it; or 

22 ‘‘(2) to sell, contract to sell or resell, lease, sub23 let, or otherwise place in the stream of commerce, 

24 any full-size or nonfull-size crib that is not new and 

25 that is unsafe for any infant using the crib. 
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1 ‘‘(b) PROVISION OF CRIBS BY LODGING FACILI2 TIES.—It shall be unlawful for any hotel, motel, or similar 

3 transient lodging facility to offer or provide for use or oth4 erwise place in the stream of commerce, on or after the 

5 effective date of this Act, any full-size crib or nonfull-size 

6 crib that is unsafe for any infant using it. 

7 ‘‘(c) ADHERENCE TO CRIB SAFETY STANDARDS.—A 

8 full-size crib, nonfull-size crib, portable crib, playpen, or 

9 play yard, shall be presumed to be unsafe under this Act 

10 if it does not conform to the standards applicable to the 

11 product as listed below: 

12 ‘‘(1) Part 1508 (commencing with section 

13 1508.1) of title 16 of the Code of Federal Regula14 tions. (Requirements for full-size baby cribs). 

15 ‘‘(2) Part 1509 (commencing with section 

16 1509.1) of title 16 of the Code of Federal Regula17 tions. (Requirements for nonfull-size baby cribs). 

18 ‘‘(3) American Society for Testing Materials 

19 F406 Consumer Safety Specification for Play Yards. 

20 ‘‘(4) American Society for Testing Materials 

21 F1169 Consumer Safety Specification for Full-Size 

22 Cribs. 

23 ‘‘(5) American Society for Testing Materials 

24 F1822 Consumer Safety Specification for Non-Full25 Size Cribs. 
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1 ‘‘(6) American Society for Testing and Mate2 rials F966 Consumer Safety Specification for Full3 Size and Non-Full Size Baby Crib Corner Post Ex4 tensions. 

5 ‘‘(7) Part 1303 (commencing with section 

6 1303.1) of title 16 of the Code of Federal Regula7 tions. 

8 ‘‘(8) Any amendments to the above regulations 

9 or standards or any other regulations or standards 

10 that are adopted in order to amend or supplement 

11 the regulations or standards described in paragraphs 

12 (1) through (6) 

13 ‘‘(d) DESIGNATION AS HAZARDOUS SUBSTANCE.—A 

14 full-size or nonfull-size crib that is not in compliance with 

15 the requirements of this section shall be considered to be 

16 a banned hazardous substance under section 1261(q) of 

17 this title. 

18 ‘‘(e) EXCEPTION.—These requirements shall not 

19 apply to a full-size crib or nonfull-size crib that is not in20 tended for use by an infant, including a toy or display 

21 item, if at the time it is manufactured, made subject to 

22 a contract to sell or resell, leased, subletted, or otherwise 

23 placed in the stream of commerce, as applicable, it is ac24 companied by a notice to be furnished by each commercial 
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1 user declaring that the crib is not intended to be used for 

2 an infant and is dangerous to use for an infant.’’. 

3 SEC. 5. EFFECTIVE DATE. 

4 This Act shall be effective 90 days after the date of 

5 its enactment.

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