103D CONGRESS

1ST SESSION H. R. 965

AMENDMENT
★(Star Print)

In the Senate of the United States,

November 20 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 965) entitled ‘‘An Act to provide for toy safety

and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and 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.—

15 ‘‘(1) REQUIREMENT.—The packaging of any toy

16 or game intended for use by children who are at least
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1 3 years old but not older than 6 years (or such other

2 upper age limit as the Commission may determine,

3 which may not be less than 5 years old), any descrip4 tive material which accompanies such toy or game,

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

6 when unpackaged, any bin, container for retail dis7 play, or vending machine from which the unpackaged

8 toy or game is dispensed shall bear or contain the

9 cautionary statement described in paragraph (2) if

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

17 by paragraph (1) for a toy or game shall be as fol18 lows:

WARNING:

CHOKING HAZARD—Small parts.

Not for children under 3 yrs.

19 ‘‘(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 Unit8 ed 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:

WARNING:

CHOKING HAZARD—Children under 8 yrs can choke or suffocate on uninflated or broken balloons.

Adult supervision required.

Keep uninflated balloons from children.

Discard broken balloons at once.

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

WARNING:

CHOKING HAZARD—This toy is a small ball.

Not for children under 3 yrs.

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

7 following cautionary statement applies:

WARNING:

CHOKING HAZARD—This toy is a marble.

Not for children under 3 yrs.

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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WARNING:

CHOKING HAZARD—Toy contains a small ball.

Not for children under 3 yrs.

1 In the case of toys or games containing marbles,

2 the following cautionary statement applies:

WARNING:

CHOKING HAZARD—Toy contains a marble.

Not for children under 3 yrs.

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
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1 manner consistent with part 1500 of title 16,

2 Code of Federal Regulations (or successor regula3 tions thereto).

4 ‘‘(2) EXCEPTION FOR PRODUCTS MANUFACTURED

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

6 manufactured outside the United States and directly

7 shipped from the manufacturer to the consumer by

8 United States mail or other delivery service, the ac9 companying material inside the package of the prod10 uct may fail to bear the required statement if other

11 accompanying material shipped with the product

12 bears such statement.

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

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

15 or (b) may, in lieu of display on the principal dis16 play panel of the product’s package, be displayed on

17 another panel of the package if—

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

19 panel of 15 square inches or less and the re20 quired statement is displayed in three or more

21 languages; and

22 ‘‘(ii) the statement specified in subpara23 graph (B) is displayed on the principal display

24 panel and is accompanied by an arrow or other

25 indicator pointing toward the place on the pack-
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1 age where the statement required by subsection

2 (a) or (b) appears.

3 ‘‘(B)(i) In the case of a product to which sub4 section (a), subsection (b)(2)(B), subsection (b)(2)(C),

5 or subsection (b)(2)(D) applies, the statement speci6 fied by this subparagraph is as follows:

SAFETY WARNING

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

8 (b)(2)(A) applies, the statement specified by this sub9 paragraph is as follows:

WARNING—CHOKING HAZARD

10 ‘‘(d) TREATMENT AS MISBRANDED HAZARDOUS SUB11 STANCE.—A balloon, ball, marble, toy, or game, that is not

12 in compliance with the requirements of this section shall

13 be considered a misbranded hazardous substance under sec14 tion 2(p).’’.

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

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

17 years of age, and

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

19 shall be considered a banned hazardous substance under sec20 tion 2(q) of the Federal Hazardous Substances Act (15

21 U.S.C. 1261(q)).
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1 (c) REGULATIONS.—The Consumer Product Safety

2 Commission (hereinafter referred to as the ‘‘Commission’’)

3 shall promulgate regulations, under section 553 of title 5,

4 United States Code, for the implementation of this section

5 and section 24 of the Federal Hazardous Substances Act

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

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

8 (f) through (i) of section 3 of the Federal Hazardous Sub9 stances Act (15 U.S.C. 1262) shall not apply with respect

10 to the issuances of regulations under this subsection.

11 (d) EFFECTIVE DATE; APPLICABILITY.—Subsections

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

13 24 of the Federal Hazardous Substances Act shall apply

14 only to products entered into commerce on or after January

15 1, 1995.

16 (e) PREEMPTION.—

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

18 State or political subdivision of a State may not es19 tablish or enforce a requirement relating to caution20 ary labeling of small parts hazards or choking

21 hazards in any toy, game, marble, small ball, or bal22 loon intended or suitable for use by children unless

23 such requirement is identical to a requirement estab24 lished by amendments made by this section to the
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1 Federal Hazardous Substances Act or by regulations

2 promulgated by the Commission.

3 (2) EXCEPTION.—A State or political subdivi4 sion of a State may, until January 1, 1995, enforce

5 a requirement described in paragraph (1) if such re6 quirement was in effect on October 2, 1993.

7 SEC. 102. REPORTING REQUIREMENTS.

8 (a) REPORTS TO CONSUMER PRODUCT SAFETY COM9 MISSION.—

10 (1) REQUIREMENT TO REPORT.—Each manufac11 turer, distributor, retailer, and importer of a marble,

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

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

14 small part, shall report to the Commission any infor15 mation obtained by such manufacturer, distributor,

16 retailer, or importer which reasonably supports the

17 conclusion that—

18 (A) an incident occurred in which a child

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

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

21 ball, latex balloon, or other small part contained

22 in such toy or game; and

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

24 died, suffered serious injury, ceased breathing for
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1 any length of time, or was treated by a medical

2 professional.

3 (2) TREATMENT UNDER CPSA.—For purposes of

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

5 (15 U.S.C. 2068(a)(3)), the requirement to report in6 formation under this subsection is deemed to be a re7 quirement under such Act.

8 (3) EFFECT ON LIABILITY.—A report by a man9 ufacturer, distributor, retailer, or importer under

10 paragraph (1) shall not be interpreted, for any pur11 pose, as an admission of liability or of the truth of

12 the information contained in the report.

13 (b) CONFIDENTIALITY PROTECTIONS.—The confiden14 tiality protections of section 6(b) of the Consumer Product

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

16 reported to the Commission under subsection (a) of this sec17 tion. For purposes of section 6(b)(5) of such Act, informa18 tion so reported shall be treated as information submitted

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

20 product.

21 TITLE II—CHILDREN’S BICYCLE HELMET

22 SAFETY

23 SEC. 201. SHORT TITLE.

24 This title may be cited as the ‘‘Children’s Bicycle Hel25 met Safety Act of 1993’’.
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1 SEC. 202. ESTABLISHMENT OF PROGRAM.

2 The Administrator of the National Highway Traffic

3 Safety Administration may, in accordance with section

4 203, make grants to States and nonprofit organizations for

5 programs that require or encourage individuals under the

6 age of 16 to wear approved bicycle helmets. In making those

7 grants, the Administrator shall allow grantees to use wide

8 discretion in designing programs that effectively promote

9 increased bicycle helmet use.

10 SEC. 203. PURPOSES FOR GRANTS.

11 A grant made under section 202 may be used by a

12 grantee to—

13 (1) enforce a law that requires individuals under

14 the age of 16 to wear approved bicycle helmets on

15 their heads while riding on bicycles;

16 (2) assist individuals under the age of 16 to ac17 quire approved bicycle helmets;

18 (3) develop and administer a program to educate

19 individuals under the age of 16 and their families on

20 the importance of wearing such helmets in order to

21 improve bicycle safety; or

22 (4) carry out any combination of the activities

23 described in paragraphs (1), (2), and (3).
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1 SEC. 204. 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 of Testing Materials

17 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 con22 sidered a consumer product safety standard promul23 gated under the Consumer Product Safety Act.
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1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

2 For the National Highway Traffic Safety Administra3 tion to carry out the grant program authorized by this title,

4 there are authorized to be appropriated $2,000,000 for fiscal

5 year 1994, $3,000,000 for fiscal year 1995, and $4,000,000

6 for fiscal year 1996.

7 SEC. 206. DEFINITION.

8 In this title, the term ‘‘approved bicycle helmet’’ means

9 a bicycle helmet that meets—

10 (1) any interim standard described in section

11 204(b), pending establishment of a final standard

12 under section 204(c); and

13 (2) the final standard, once it is established

14 under section 204(c).

15 TITLE III—BUCKET DROWNING

16 PREVENTION

17 SEC. 301. LABELING STANDARD REQUIREMENTS.

18 On October 1, 1994, or 240 days after the date of the

19 enactment of this title, whichever first occurs, there is estab20 lished and effective a consumer product safety standard

21 under section 9 of the Consumer Product Safety Act (15

22 U.S.C. 2058), to eliminate or reduce the risk of injury or

23 death resulting from infants falling into 4-gallon to 6-gallon

24 buckets containing liquid. Such standard, when established,

25 shall require straight sided or slightly tapered, open head

26 containers with a capacity of more than 4 gallons and less
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1 than 6 gallons (referred to in this title as a ‘‘bucket’’), to

2 bear one warning label in English and Spanish. The label

3 shall meet the following requirements:

4 (1) The label shall be permanent so that such

5 label cannot be removed, torn or defaced without the

6 aid of tools or solvents.

7 (2) The label shall be at least 7 inches in height,

and 31 8 ⁄2 inches in width, or any larger size as the la9 beler may choose.

10 (3) The label shall be centered on one side of the

11 bucket just below the point where the handle is in12 serted.

13 (4) The label shall have a border or other form

14 of contrast around its edges to delineate it from any

15 other information on the bucket.

16 (5) The label shall bear (A) the signal word

17 ‘‘WARNING’’ in both English and Spanish, in bold

18 uppercase lettering, and (B) in upper and lower case

19 lettering the words ‘‘Children Can Fall Into Bucket

20 and Drown. Keep Children Away From Buckets With

21 Even a Small Amount of Liquid.’’, with an equiva22 lent Spanish translation in at least the same type size

23 as English. The signal word panel shall be preceded

24 by a safety alert symbol consisting of an exclamation

25 mark in a triangle.
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1 (6) The label shall be clear and conspicuous and

2 in contrasting colors.

3 (7) The label shall include a picture of a child

4 falling into a bucket containing liquid. An encircled

5 slash symbol shall be superimposed over, and sur6 round the pictorial. The picture shall be positioned

7 between the signal word panel and the message panel.

8 SEC. 302. CERTAIN BUCKETS NOT AFFECTED.

9 The standard established by section 301 applies only

10 to buckets manufactured or imported on or after the effective

11 date of such standard, and buckets manufactured or im12 ported before such effective date may be sold without the

13 warning label required by section 301 even though such

14 sales occur after that date. The Consumer Product Safety

15 Commission, by rule, shall prohibit a manufacturer, filler,

16 distributor, and retailer from stockpiling buckets to which

17 consumer product safety standards established by section

18 301 of this title would have applied but for the preceding

19 sentence. For purposes of this section, the term ‘‘stock20 piling’’ shall have the same meaning as that provided by

21 section 9(g)(2) of the Consumer Product Safety Act.

22 SEC. 303. PROHIBITED ACTS.

23 (a) REMOVAL OF LABEL.—Once placed on a plastic

24 bucket pursuant to the standard provided by section 301,

25 it shall be a prohibited act under section 19 of the Consumer
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1 Product Safety Act for any person in the chain of distribu2 tion of the bucket to intentionally cover, obstruct, tear, de3 face or remove the label.

4 (b) CONSUMER PRODUCT SAFETY STANDARD.—The

5 standard established by section 301 of this title shall be con6 sidered a consumer product safety standard established

7 under the Consumer Product Safety Act.

8 SEC. 304. EXISTING LABELS.

9 Notwithstanding section 301, any bucket label in use

10 on September 1, 1993, may, if such label is substantially

11 in conformance with the requirements of paragraphs (3),

12 (4), (5), and (6) of section 301, continue to be placed on

13 buckets until 12 months after the date of the enactment of

14 this title. Notwithstanding the preceding sentence, buckets

15 subject to the provisions of this section must bear both an

16 English and Spanish language label on and after the effec17 tive date of the standard established by section 301.

18 SEC. 305. AMENDMENTS.

19 Section 553 of title 5, United States Code, shall apply

20 with respect to the Consumer Product Safety Commission’s

21 issuance of any amendments or changes to the bucket label22 ing standard established by section 301 of this title. Sections

23 7 and 9 of the Consumer Product Safety Act shall not apply

24 to such amendments or changes.
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1 SEC. 306. RESPONSIBILITY FOR LABELING.

2 (a) LABELING.—The standard established by section

3 301 requires the labeling of buckets covered by such stand4 ard to be the responsibility of the manufacturer of any such

5 buckets, unless otherwise specified by contract between the

6 manufacturer, and either the filler, distributor, or retailer

7 of such buckets. Under no circumstances shall any such

8 bucket enter the stream of commerce without such label.

9 (b) TIME FOR PLACING LABELS.—The required label

10 must be on the bucket at the time it is sold or delivered

11 to the end user of the bucket or its contents or, in the case

12 of a bucket intended to be sold to the public in an empty

13 state, at the time it is shipped to a retailer for sale to the

14 public.

15 SEC. 307. PERFORMANCE STANDARD.

16 (a) PERFORMANCE STANDARD.—Within 30 days fol17 lowing the date of enactment of this title, the Consumer

18 Product Safety Commission shall commence a proceeding

19 under the Consumer Product Safety Act for the issuance

20 of a performance standard for buckets to address the drown21 ing hazard associated with this product. Such standard

22 shall take effect at such time as may be prescribed by the

23 Consumer Product Safety Commission, but in no event later

24 than 15 months following the date of the enactment of this

25 title. The Consumer Product Safety Commission shall con26 sider any American Society for Testing and Materials vol-
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1 untary performance standard in existence prior to such

2 date of enactment.

3 (b) LABELING REQUIREMENTS.—The labeling require4 ments under section 101 shall not apply to buckets certified

5 by the Consumer Product Safety Commission as meeting

6 the performance standard in subsection (a).

7 SEC. 308. CONSULTATION.

8 To avoid duplicative and conflicting labeling, the

9 Consumer Product Safety Commission shall complete a con10 sultation with relevant Federal agencies within 30 days fol11 lowing the date of enactment of this Act.

12 SEC. 309. REQUIREMENT FOR COMMISSION STUDY.

13 (a) STUDY.—The Commission shall conduct a study

14 to assess the frequency of deaths and injuries arising from

15 drowning accidents in metal buckets, and the frequency and

16 type of uses of 4-gallon to 6-gallon metal containers in the

17 home, to determine whether special design and labeling

18 standards are needed for such containers. The Commission

19 shall report the results of the study to the Congress not later

20 than one year after the date of enactment of this Act.

21 (b) EXEMPTION.—During the pendency of such study,

22 metal containers which would otherwise be required to com23 ply with the labeling requirements of section 301 are exempt

24 from such requirements. Upon review of the results of the

25 study, the Commission shall decide whether to continue this
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1 exemption, to require compliance by metal containers, or

2 to consider further study in the future.

Attest:

Secretary.

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