103D CONGRESS

2D SESSION H. R. 965

AMENDMENT

TO

SENATE AMENDMENT
In the House of Representatives, U. S.,

March 9, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 965) entitled ‘‘An Act to provide

for toy safety and for other purposes’’, with the following

AMENDMENT:

In lieu of the matter inserted by said amendment, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Child Safety Protection

3 Act’’.

4 TITLE I—TOY LABELING REQUIREMENTS

5 SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS

6 AND GAMES.

7 (a) REQUIREMENT UNDER FEDERAL HAZARDOUS

8 SUBSTANCES ACT.—The Federal Hazardous Substances Act

9 (15 U.S.C. 1261 et seq.) is amended by adding at the end

10 the following new section:

11 ‘‘SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS

12 AND GAMES.

13 ‘‘(a) TOYS OR GAMES FOR CHILDREN WHO ARE AT

14 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 least

3 3 years old but not older than 6 years (or such other

4 upper age limit as the Commission may determine,

5 which may not be less than 5 years old), any descrip6 tive material which accompanies such toy or game,

7 and, in the case of bulk sales of such toy or game

8 when unpackaged, any bin, container for retail dis9 play, or vending machine from which the unpackaged

10 toy or game is dispensed shall bear or contain the

11 cautionary statement described in paragraph (2) if

12 the toy or game—

13 ‘‘(A) is manufactured for sale, offered for

14 sale, or distributed in commerce in the United

15 States, and

16 ‘‘(B) includes a small part, as defined by

17 the Commission.

18 ‘‘(2) LABEL.—The cautionary statement required

19 by paragraph (1) for a toy or game shall be as fol20 lows:

21 ‘‘(b) BALLOONS, SMALL BALLS, AND MARBLES.—
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1 ‘‘(1) REQUIREMENT.—In the case of any latex

2 balloon, any ball with a diameter of 1.75 inches or

3 less intended for children 3 years of age or older, any

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

5 or any toy or game which contains such a balloon,

6 ball, or marble, which is manufactured for sale, of7 fered for sale, or distributed in commerce in the

8 United States—

9 ‘‘(A) the packaging of such balloon, ball,

10 marble, toy, or game,

11 ‘‘(B) any descriptive material which accom12 panies such balloon, ball, marble, toy, or game,

13 and

14 ‘‘(C) in the case of bulk sales of any such

15 product when unpackaged, any bin, container for

16 retail display, or vending machine from which

17 such unpackaged balloon, ball, marble, toy, or

18 game is dispensed,

19 shall bear or contain the cautionary statement de20 scribed in paragraph (2).

21 ‘‘(2) LABEL.—The cautionary statement required

22 under paragraph (1) for a balloon, ball, marble, toy,

23 or game shall be as follows:
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1 ‘‘(A) BALLOONS.—In the case of balloons, or

2 toys or games that contain latex balloons, the fol3 lowing cautionary statement applies:

4 ‘‘(B) BALLS.—In the case of balls, the fol5 lowing cautionary statement applies:

6 ‘‘(C) MARBLES.—In the case of marbles, the

7 following cautionary statement applies:

8 ‘‘(D) TOYS AND GAMES.—In the case of toys

9 or games containing balls, the following caution10 ary statement applies:
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1 In the case of toys or games containing marbles,

2 the following cautionary statement applies:

3 ‘‘(c) GENERAL LABELING REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graphs (2) and (3), any cautionary statement re6 quired under subsection (a) or (b) shall be—

7 ‘‘(A) displayed in its entirety on the prin8 cipal display panel of the product’s package, and

9 on any descriptive material which accompanies

10 the product, and, in the case of bulk sales of such

11 product when unpackaged, on the bin, container

12 for retail display of the product, and any vend13 ing machine from which the unpackaged product

14 is dispensed, and

15 ‘‘(B) displayed in the English language in

16 conspicuous and legible type in contrast by ty17 pography, layout, or color with other printed

18 matter on such package, descriptive materials,

19 bin, container, and vending machine, and in a

20 manner consistent with part 1500 of title 16,

21 Code of Federal Regulations (or successor regula22 tions thereto).
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1 ‘‘(2) EXCEPTION FOR PRODUCTS MANUFACTURED

2 OUTSIDE UNITED STATES.—In the case of a product

3 manufactured outside the United States and directly

4 shipped from the manufacturer to the consumer by

5 United States mail or other delivery service, the ac6 companying material inside the package of the prod7 uct may fail to bear the required statement if other

8 accompanying material shipped with the product

9 bears such statement.

10 ‘‘(3) SPECIAL RULES FOR CERTAIN PACKAGES.—

11 (A) A cautionary statement required by subsection (a)

12 or (b) may, in lieu of display on the principal dis13 play panel of the product’s package, be displayed on

14 another panel of the package if—

15 ‘‘(i) the package has a principal display

16 panel of 15 square inches or less and the re17 quired statement is displayed in three or more

18 languages; and

19 ‘‘(ii) the statement specified in subpara20 graph (B) is displayed on the principal display

21 panel and is accompanied by an arrow or other

22 indicator pointing toward the place on the pack23 age where the statement required by subsection

24 (a) or (b) appears.
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1 ‘‘(B)(i) In the case of a product to which sub2 section (a), subsection (b)(2)(B), subsection (b)(2)(C),

3 or subsection (b)(2)(D) applies, the statement speci4 fied by this subparagraph is as follows:

5 ‘‘(ii) In the case of a product to which subsection

6 (b)(2)(A) applies, the statement specified by this sub7 paragraph is as follows:

8 ‘‘(d) TREATMENT AS MISBRANDED HAZARDOUS SUB9 STANCE.—A balloon, ball, marble, toy, or game, that is not

10 in compliance with the requirements of this subsection shall

11 be considered a misbranded hazardous substance under sec12 tion 2(p).’’.

13 (b) OTHER SMALL BALLS.—A small ball—

14 (1) intended for children under the age of 3

15 years of age, and

16 (2) with a diameter of 1.75 inches or less,

17 shall be considered a banned hazardous substance under sec18 tion 2(q) of the Federal Hazardous Substances Act (15

19 U.S.C. 1261(q)).

20 (c) REGULATIONS.—The Consumer Product Safety

21 Commission (hereinafter referred to as the ‘‘Commission’’)
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1 shall promulgate regulations, under section 553 of title 5,

2 United States Code, for the implementation of this section

3 and section 24 of the Federal Hazardous Substances Act

4 by July 1, 1994, or the date that is 6 months after the date

5 of enactment of this Act, whichever occurs first. Subsections

6 (f) through (i) of section 3 of the Federal Hazardous Sub7 stances Act (15 U.S.C. 1262) shall not apply with respect

8 to the issuance of regulations under this subsection.

9 (d) EFFECTIVE DATE; APPLICABILITY.—Subsections

10 (a) and (b) shall take effect January 1, 1995, and section

11 24 of the Federal Hazardous Substances Act shall apply

12 only to products entered into commerce on or after January

13 1, 1995.

14 (e) PREEMPTION.—

15 (1) IN GENERAL.—Subject to paragraph (2), a

16 State or political subdivision of a State may not es17 tablish or enforce a requirement relating to caution18 ary labeling of small parts hazards or choking haz19 ards in any toy, game, marble, small ball, or balloon

20 intended or suitable for use by children unless such

21 requirement is identical to a requirement established

22 by amendments made by this section to the Federal

23 Hazardous Substances Act or by regulations promul24 gated by the Commission.
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1 (2) EXCEPTION.—A State or political subdivi2 sion of a State may, until January 1, 1995, enforce

3 a requirement described in paragraph (1) if such re4 quirement was in effect on October 2, 1993.

5 SEC. 102. REPORTING REQUIREMENTS.

6 (a) REPORTS TO CONSUMER PRODUCT SAFETY COM7 MISSION.—

8 (1) REQUIREMENT TO REPORT.—Each manufac9 turer, distributor, retailer, and importer of a marble,

10 small ball, or latex balloon, or a toy or game that

11 contains a marble, small ball, latex balloon, or other

12 small part, shall report to the Commission any infor13 mation obtained by such manufacture, distributor, re14 tailer, or importer which reasonably supports the con15 clusion that—

16 (A) an incident occurred in which a child

17 (regardless of age) choked on such a marble,

18 small ball, or latex balloon or on a marble, small

19 ball, latex balloon, or other small part contained

20 in such toy or game; and

21 (B) as a result of that incident the child

22 died, suffered serious injury, ceased breathing for

23 any length of time, or was treated by a medical

24 professional.
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1 (2) TREATMENT UNDER CPSA.—For purposes of

2 section 19(a)(3) of the Consumer Product Safety Act

3 (15 U.S.C. 2068(a)(3)), the requirement to report in4 formation under this subsection is deemed to be a re5 quirement under such Act.

6 (3) EFFECT ON LIABILITY.—A report by a man7 ufacturer, distributor, retailer, or importer under

8 paragraph (1) shall not be interpreted, for any pur9 pose, as an admission of liability or of the truth of

10 the information contained in the report.

11 (b) CONFIDENTIALITY PROTECTIONS.—The confiden12 tiality protections of section 6(b) of the Consumer Product

13 Safety Act (15 U.S.C. 2055(b)) apply to any information

14 reported to the Commission under subsection (a) of this sec15 tion. For purposes of section 6(b)(5) of such Act, informa16 tion so reported shall be treated as information submitted

17 pursuant to section 15(b) of such Act respecting a consumer

18 product.

19 TITLE II—CHILDREN’S BICYCLE HELMET

20 SAFETY

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘Children’s Bicycle Hel23 met Safety Act of 1993’’.
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1 SEC. 202. STANDARDS.

2 (a) IN GENERAL.—Bicycle helmets manufactured 9

3 months or more after the date of the enactment of this Act

4 shall conform to—

5 (1) any interim standard described under sub6 section (b), pending the establishment of a final

7 standard pursuant to subsection (c); and

8 (2) the final standard, once it has been estab9 lished under subsection (c).

10 (b) INTERIM STANDARDS.—The interim standards are

11 as follows:

12 (1) The American National Standards Institute

13 standard designated as ‘‘Z90.4–1984’’.

14 (2) The Snell Memorial Foundation standard

15 designated as ‘‘B–90’’.

16 (3) The American Society for Testing and Mate17 rials (ASTM) standard designated as ‘‘F 1447’’.

18 (4) Any other standard that the Commission de19 termines is appropriate.

20 (c) FINAL STANDARD.—Not later than 60 days after

21 the date of the enactment of this Act, the Commission shall

22 begin a proceeding under section 553 of title 5, United

23 States Code, to—

24 (1) review the requirements of the interim stand25 ards set forth in subsection (a) and establish a final

26 standard based on such requirements;
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1 (2) include in the final standard a provision to

2 protect against the risk of helmets coming off the

3 heads of bicycle riders;

4 (3) include in the final standard provisions that

5 address the risk of injury to children; and

6 (4) include additional provisions as appropriate.

7 Sections 7, 9, and 30(d) of the Consumer Product Safety

8 Act (15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the

9 proceeding under this subsection and section 11 of such Act

10 (15 U.S.C. 2060) shall not apply with respect to any stand11 ard issued under such proceeding. The final standard shall

12 take effect 1 year from the date it is issued.

13 (d) FAILURE TO MEET STANDARDS.—

14 (1) FAILURE TO MEET INTERIM STANDARD.—

15 Until the final standard takes effect, a bicycle helmet

16 that does not conform to an interim standard as re17 quired under subsection (a)(1) shall be considered in

18 violation of a consumer product safety standard pro19 mulgated under the Consumer Product Safety Act.

20 (2) STATUS OF FINAL STANDARD.—The final

21 standard developed under subsection (c) shall be con-
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1 sidered a consumer product safety standard promul2 gated under the Consumer Product Safety Act.

Attest:

Clerk.

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