Union Calendar No. 13

103D CONGRESS

1ST SESSION H. R. 965

[Report No. 103–29]

A BILL

To provide for toy safety and for other purposes.

MARCH 10, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 13

103D CONGRESS

1ST SESSION H. R. 965

[Report No. 103–29]

To provide for toy safety and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Energy and Commerce

MARCH 10, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 18, 1993]

A BILL

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’’.
2

HR 965 RH

1 SEC. 2. REQUIREMENTS FOR LABELING AND BANNING.

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

3 LEAST 3.—

4 (1) REQUIREMENT.—The packaging of any toy

5 or game intended for use by children who are at least

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

7 upper age limit as the Commission may determine

8 which may not be less than 5 years old, any descrip9 tive materials which accompany such toy or game,

10 and the bin, container for retail display, or vending

11 machine from which it is dispensed shall bear or con12 tain the cautionary label described in paragraph (2)

13 if the toy or game—

14 (A) is manufactured for sale, offered for

15 sale, or distributed in commerce in the United

16 States, and

17 (B) includes a small part, as defined by the

18 Commission.

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

20 vending machine, the packaging of such toy or game

21 shall not be required to bear the cautionary label de22 scribed in paragraph (2).
3

HR 965 RH

1 (2) LABEL.—The cautionary label required

2 paragraph (1) for a toy or game shall be as follows:

3 (b) BALLOONS, SMALL BALLS, AND MARBLES AND

4 TOYS AND GAMES.—

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

6 small ball intended for children 3 years of age or

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

8 older, or any toy or game which contains such a bal9 loon, small ball, or marble, which is manufactured for

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

11 the United States—

12 (A) the packaging of such balloon, small

13 ball, or marble or toy or game,

14 (B) any descriptive materials which accom15 pany such balloon, small ball, or marble or toy

16 or game, and

17 (C) the bin or container for retail display

18 of a balloon, small ball, or marble or toy or game

19 or the vending machine from which the balloon,

20 small ball, or marble or toy or game is dis21 pensed,
4

HR 965 RH

1 shall contain the cautionary label described in para2 graph (2). In the case of such a balloon, small ball,

3 or marble or toy or game dispensed from a vending

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

5 or marble or toy or game shall not be required to bear

6 the cautionary label described in paragraph (2).

7 (2) LABEL.—The cautionary label required

8 under paragraph (1) for a balloon, small ball, marble,

9 or toy or game shall be as follows:

10 (A) BALLOONS.—

11 (B) SMALL BALLS.—
5

HR 965 RH

1 (C) MARBLES, TOYS, AND GAMES.—

2 (3) DEFINITION.—For purposes of this sub3 section, a small ball is a ball with a diameter of 1.75

4 inches or less.

5 (c) GENERAL LABELING REQUIREMENTS.—All label6 ing required under subsection (a) or (b) for a toy or game

7 or balloon, small ball, or marble shall—

8 (1) be prominently and conspicuously displayed

9 on the packaging of the toy or game or balloon, small

10 ball, or marble, on any descriptive materials which

11 accompany the toy or game or balloon, small ball, or

12 marble, and on the bin or container for retail display

13 of the toy or game or balloon, small ball, or marble

14 or the vending machine from which the toy or game

15 or balloon, small ball, or marble is dispensed, and

16 (2) be visible and noticeable.

17 (d) ENFORCEMENT.—The requirements of subsections

18 (a), (b), and (c) shall be considered to be a regulation issued

19 by the Consumer Product Safety Commission under section

20 3(b) of the Federal Hazardous Substances Act (15 U.S.C.

21 1262(b)).
6

HR 965 RH

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

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

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

4 shall be considered a banned hazardous substance under sec5 tion 2(q) of the Federal Hazardous Substances Act.

6 SEC. 3. REGULATIONS AND EFFECTIVE DATE.

7 (a) REGULATIONS.—The Consumer Product Safety

8 Commission shall promulgate regulations, under section

9 553 of title 5, United States Code, for the implementation

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

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

12 (15 U.S.C 1262) shall not apply with respect to the issuance

13 of regulations under this subsection.

14 (b) EFFECTIVE DATE.—Section 2 shall take effect Feb15 ruary 1, 1994, with respect to products entered into com16 merce on or after that date.

17 SEC. 4. BICYCLE HELMETS.

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

19 of the enactment of this Act, all bicycle helmets manufac20 tured after the expiration of such 9 months shall conform

21 to—

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

23 (2) the 1990 Snell Memorial Foundation Stand24 ard for Protective Headgear for Use in Bicycling, B–

25 90, or
7

HR 965 RH

1 (3) such other standard as the Commission deter2 mines is appropriate,

3 until a standard under subsection (b) takes effect. A helmet

4 which does not conform to a standard identified in para5 graph (1), (2), or (3) shall, until the standard takes effect

6 under subsection (b), be considered in violation of a

7 consumer product safety standard issued under the

8 Consumer Product Safety Act.

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

10 enactment of this Act, the Consumer Product Safety Com11 mission shall begin a proceeding under section 553 of title

12 5, United States Code, to—

13 (1) harmonize the requirements of the ANSI

14 standard, the Snell standard, and other appropriate

15 standards into a standard of the Commission,

16 (2) include in the standard of the Commission

17 provisions to protect against helmets rolling off the

18 heads of riders,

19 (3) include in the standard of the Commission

20 standards which address risk of injury to children,

21 and

22 (4) include additional provisions as appropriate.

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

24 shall be considered a consumer product safety standard is25 sued under the Consumer Product Safety Act and shall take
8

HR 965 RH

1 effect 1 year after the date it is issued. Sections 7, 9, and

2 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056,

3 2058, 2079(d)) shall not apply to any proceeding under this

4 subsection and section 11 of such Act (15 U.S.C. 2060) shall

5 not apply with respect to any standard issued as a result

6 of such proceeding.