IIA

103D CONGRESS

1ST SESSION H.R. 965

IN THE SENATE OF THE UNITED STATES

MARCH 18 (legislative day, MARCH 3), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Committee discharged

AN ACT

To provide for toy 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 ‘‘Child Safety Protection

5 Act’’.

6 SEC. 2. REQUIREMENTS FOR LABELING AND BANNING.

7 (a) TOYS OR GAMES FOR CHILDREN WHO ARE AT

8 LEAST 3.—
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1 (1) REQUIREMENT.—The packaging of any toy

2 or game intended for use by children who are at

3 least 3 years old but not older than 6 years or such

4 other upper age limit as the Commission may deter5 mine which may not be less than 5 years old, any

6 descriptive materials which accompany such toy or

7 game, and the bin, container for retail display, or

8 vending machine from which it is dispensed shall

9 bear or contain the cautionary label described in

10 paragraph (2) if the toy or game—

11 (A) is manufactured for sale, offered for

12 sale, or distributed in commerce in the United

13 States, and

14 (B) includes a small part, as defined by

15 the Commission.

16 In the case of such a toy or game dispensed from

17 a vending machine, the packaging of such toy or

18 game shall not be required to bear the cautionary

19 label described in paragraph (2).

20 (2) LABEL.—The cautionary label required

21 paragraph (1) for a toy or game shall be as follows:
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1 (b) BALLOONS, SMALL BALLS, AND MARBLES AND

2 TOYS AND GAMES.—

3 (1) REQUIREMENT.—In the case of any balloon,

4 small ball intended for children 3 years of age or

5 older, marble intended for children 3 years of age or

6 older, or any toy or game which contains such a bal7 loon, small ball, or marble, which is manufactured

8 for sale, offered for sale, or distributed in commerce

9 in the United States—

10 (A) the packaging of such balloon, small

11 ball, or marble or toy or game,

12 (B) any descriptive materials which accom13 pany such balloon, small ball, or marble or toy

14 or game, and

15 (C) the bin or container for retail display

16 of a balloon, small ball, or marble or toy or

17 game or the vending machine from which the

18 balloon, small ball, or marble or toy or game is

19 dispensed,

20 shall contain the cautionary label described in para21 graph (2). In the case of such a balloon, small ball,

22 or marble or toy or game dispensed from a vending

23 machine, the packaging of such a balloon, small ball,

24 or marble or toy or game shall not be required to

25 bear the cautionary label described in paragraph (2).
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1 (2) LABEL.—The cautionary label required

2 under paragraph (1) for a balloon, small ball, mar3 ble, or toy or game shall be as follows:

4 (A) BALLOONS.—

5 (B) SMALL BALLS.—

6 (C) MARBLES, TOYS, AND GAMES.—
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1 (3) DEFINITION.—For purposes of this sub2 section, a small ball is a ball with a diameter of 1.75

3 inches or less.

4 (c) GENERAL LABELING REQUIREMENTS.—All label5 ing required under subsection (a) or (b) for a toy or game

6 or balloon, small ball, or marble shall—

7 (1) be prominently and conspicuously displayed

8 on the packaging of the toy or game or balloon,

9 small ball, or marble, on any descriptive materials

10 which accompany the toy or game or balloon, small

11 ball, or marble, and on the bin or container for retail

12 display of the toy or game or balloon, small ball, or

13 marble or the vending machine from which the toy

14 or game or balloon, small ball, or marble is dis15 pensed, and

16 (2) be visible and noticeable.

17 (d) ENFORCEMENT.—The requirements of sub18 sections (a), (b), and (c) shall be considered to be a regula19 tion issued by the Consumer Product Safety Commission

20 under section 3(b) of the Federal Hazardous Substances

21 Act (15 U.S.C. 1262(b)).

22 (e) OTHER SMALL BALLS.—A small ball—

23 (1) intended for children under the age of 3,

24 and

25 (2) with a diameter of 1.75 inches or less,
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1 shall be considered a banned hazardous substance under

2 section 2(q) of the Federal Hazardous Substances Act.

3 SEC. 3. REGULATIONS AND EFFECTIVE DATE.

4 (a) REGULATIONS.—The Consumer Product Safety

5 Commission shall promulgate regulations, under section

6 553 of title 5, United States Code, for the implementation

7 of section 2 by January 1, 1994. Subsections (f) through

8 (i) of section 3 of the Federal Hazardous Substances Act

9 (15 U.S.C. 1262) shall not apply with respect to the issu10 ance of regulations under this subsection.

11 (b) EFFECTIVE DATE.—Section 2 shall take effect

12 February 1, 1994, with respect to products entered into

13 commerce on or after that date.

14 SEC. 4. BICYCLE HELMETS.

15 (a) INITIAL STANDARD.—Within 9 months of the

16 date of the enactment of this Act, all bicycle helmets man17 ufactured after the expiration of such 9 months shall con18 form to—

19 (1) the ANSI standard designated Z90.4–1984,

20 (2) the 1990 Snell Memorial Foundation Stand21 ard for Protective Headgear for Use in Bicycling,

22 B–90, or

23 (3) such other standard as the Commission de24 termines is appropriate,
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1 until a standard under subsection (b) takes effect. A hel2 met which does not conform to a standard identified in

3 paragraph (1), (2), or (3) shall, until the standard takes

4 effect under subsection (b), be considered in violation of

5 a consumer product safety standard issued under the

6 Consumer Product Safety Act.

7 (b) PROCEEDING.—Within 60 days of the date of the

8 enactment of this Act, the Consumer Product Safety Com9 mission shall begin a proceeding under section 553 of title

10 5, United States Code, to—

11 (1) harmonize the requirements of the ANSI

12 standard, the Snell standard, and other appropriate

13 standards into a standard of the Commission,

14 (2) include in the standard of the Commission

15 provisions to protect against helmets rolling off the

16 heads of riders,

17 (3) include in the standard of the Commission

18 standards which address risk of injury to children,

19 and

20 (4) include additional provisions as appropriate.

21 The standard developed under paragraphs (1) through (4)

22 shall be considered a consumer product safety standard

23 issued under the Consumer Product Safety Act and shall

24 take effect 1 year after the date it is issued. Sections 7,

25 9, and 30(d) of the Consumer Product Safety Act (15
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1 U.S.C. 2056, 2058, 2079(d)) shall not apply to any pro2 ceeding under this subsection and section 11 of such Act

3 (15 U.S.C. 2060) shall not apply with respect to any

4 standard issued as a result of such proceeding.

Passed the House of Representatives March 16,

1993.

Attest DONNALD K. ANDERSON,

Clerk