`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 965 Referred in Senate (RFS)]

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

_______________________________________________________________________

                                 AN ACT


 
           To provide for toy safety and for other purposes.

    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 ``Child Safety Protection Act''.

SEC. 2. REQUIREMENTS FOR LABELING AND BANNING.

    (a) Toys or Games for Children Who are at Least  3.--
            (1) Requirement.--The packaging of any toy or game intended 
        for use by children who are at least 3 years old but not older 
        than 6 years or such other upper age limit as the Commission 
        may determine which may not be less than 5 years old, any 
        descriptive materials which accompany such toy or game, and the 
        bin, container for retail display, or vending machine from 
        which it is dispensed shall bear or contain the cautionary 
        label described in paragraph (2) if the toy or game--
                    (A) is manufactured for sale, offered for sale, or 
                distributed in commerce in the United States, and
                    (B) includes a small part, as defined by the 
                Commission.
        In the case of such a toy or game dispensed from a vending 
        machine, the packaging of such toy or game shall not be 
        required to bear the cautionary label described in paragraph 
        (2).
            (2) Label.--The cautionary label required paragraph (1) for 
        a toy or game shall be as follows:












    (b) Balloons, Small Balls, and Marbles and Toys and Games.--
            (1) Requirement.--In the case of any balloon, small ball 
        intended for children 3 years of age or older, marble intended 
        for children 3 years of age or older, or any toy or game which 
        contains such a balloon, small ball, or marble, which is 
        manufactured for sale, offered for sale, or distributed in 
        commerce in the United States--
                    (A) the packaging of such balloon, small ball, or 
                marble or toy or game,
                    (B) any descriptive materials which accompany such 
                balloon, small ball, or marble or toy or game, and
                    (C) the bin or container for retail display of a 
                balloon, small ball, or marble or toy or game or the 
                vending machine from which the balloon, small ball, or 
                marble or toy or game is dispensed,
         shall contain the cautionary label described in paragraph (2). 
        In the case of such a balloon, small ball, or marble or toy or 
        game dispensed from a vending machine, the packaging of such a 
        balloon, small ball, or marble or toy or game shall not be 
        required to bear the cautionary label described in paragraph 
        (2).
            (2) Label.--The cautionary label required under paragraph 
        (1) for a balloon, small ball, marble, or toy or game shall be 
        as follows:
                    (A) Balloons.--
















                    (B) Small balls.--
                    (C) Marbles, toys, and games.--












            (3) Definition.--For purposes of this subsection, a small 
        ball is a ball with a diameter of 1.75 inches or less.
    (c) General Labeling Requirements.--All labeling required under 
subsection (a) or (b) for a toy or game or balloon, small ball, or 
marble shall--
            (1) be prominently and conspicuously displayed on the 
        packaging of the toy or game or balloon, small ball, or marble, 
        on any descriptive materials which accompany the toy or game or 
        balloon, small ball, or marble, and on the bin or container for 
        retail display of the toy or game or balloon, small ball, or 
        marble or the vending machine from which the toy or game or 
        balloon, small ball, or marble is dispensed, and
            (2) be visible and noticeable.
    (d) Enforcement.--The requirements of subsections (a), (b), and (c) 
shall be considered to be a regulation issued by the Consumer Product 
Safety Commission under section 3(b) of the Federal Hazardous 
Substances Act (15 U.S.C. 1262(b)).
    (e) Other Small Balls.--A small ball--
            (1) intended for children under the age of 3, and
            (2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under section 2(q) of 
the Federal Hazardous Substances Act.

SEC. 3. REGULATIONS AND EFFECTIVE DATE.

    (a) Regulations.--The Consumer Product Safety Commission shall 
promulgate regulations, under section 553 of title 5, United States 
Code, for the implementation of section 2 by January 1, 1994. 
Subsections (f) through (i) of section 3 of the Federal Hazardous 
Substances Act (15 U.S.C. 1262) shall not apply with respect to the 
issuance of regulations under this subsection.
    (b) Effective Date.--Section 2 shall take effect February 1, 1994, 
with respect to products entered into commerce on or after that date.

SEC. 4. BICYCLE HELMETS.

    (a) Initial Standard.--Within 9 months of the date of the enactment 
of this Act, all bicycle helmets manufactured after the expiration of 
such 9 months shall conform to--
            (1) the ANSI standard designated Z90.4-1984,
            (2) the 1990 Snell Memorial Foundation Standard for 
        Protective Headgear for Use in Bicycling, B-90, or
            (3) such other standard as the Commission determines is 
        appropriate,
until a standard under subsection (b) takes effect. A helmet which does 
not conform to a standard identified in paragraph (1), (2), or (3) 
shall, until the standard takes effect under subsection (b), be 
considered in violation of a consumer product safety standard issued 
under the Consumer Product Safety Act.
    (b) Proceeding.--Within 60 days of the date of the enactment of 
this Act, the Consumer Product Safety Commission shall begin a 
proceeding under section 553 of title 5, United States Code, to--
            (1) harmonize the requirements of the ANSI standard, the 
        Snell standard, and other appropriate standards into a standard 
        of the Commission,
            (2) include in the standard of the Commission provisions to 
        protect against helmets rolling off the heads of riders,
            (3) include in the standard of the Commission standards 
        which address risk of injury to children, and
            (4) include additional provisions as appropriate.
The standard developed under paragraphs (1) through (4) shall be 
considered a consumer product safety standard issued under the Consumer 
Product Safety Act and shall take effect 1 year after the date it is 
issued. Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 
U.S.C. 2056, 2058, 2079(d)) shall not apply to any proceeding under 
this subsection and section 11 of such Act (15 U.S.C. 2060) shall not 
apply with respect to any standard issued as a result of such 
proceeding.

            Passed the House of Representatives March 16, 1993.

            Attest

                                           DONNALD K. ANDERSON,

                                                                  Clerk`