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103D CONGRESS

1ST SESSION H. R. 965

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

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’’.

6 SEC. 2. REQUIREMENTS FOR LABELING AND BANNING.

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

8 LEAST 3.—

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

10 or game intended for use by children who are at

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

12 other upper age limit as the Commission may deter-
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1 mine which may not be less than 5 years old, any

2 descriptive materials which accompany such toy or

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

4 vending machine from which it is dispensed shall

5 bear or contain the cautionary label described in

6 paragraph (2) if the toy or game—

7 (A) is manufactured for sale, offered for

8 sale, or distributed in commerce in the United

9 States, and

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

11 the Commission.

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

13 a vending machine, the packaging of such toy or

14 game shall not be required to bear the cautionary

15 label described in paragraph (2).

16 (2) LABEL.—The cautionary label required

17 under paragraph (1) for a toy or game shall be as

18 follows:

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

20 TOYS AND GAMES.—
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1 (1) REQUIREMENT.—In the case of any balloon

2 or small ball intended for children 3 years of age or

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

4 older, or any toy or game which contains such a bal5 loon, small ball, or marble, which is manufactured

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

7 in the United States—

8 (A) the packaging of such balloon, small

9 ball, or marble or toy or game,

10 (B) any descriptive materials which accom11 pany such balloon, small ball, or marble or toy

12 or game, and

13 (C) the bin or container for retail display

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

15 game or the vending machine from which the

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

17 dispensed,

18 shall contain the cautionary label described in para19 graph (2). In the case of such a balloon, small ball,

20 or marble or toy or game dispensed from a vending

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

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

23 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.—

7 (3) DEFINITION.—For purposes of this sub8 section, a small ball is a ball with a diameter of 1.75

9 inches or less.
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1 (c) GENERAL LABELING REQUIREMENTS.—All label2 ing required under subsection (a) or (b) for a toy or game

3 or balloon, small ball, or marble shall—

4 (1) be prominently and conspicuously displayed

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

6 small ball, or marble, on any descriptive materials

7 which accompany the toy or game or balloon, small

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

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

10 marble or the vending machine from which the toy

11 or game or balloon, small ball, or marble is dis12 pensed, and

13 (2) be visible and noticeable.

14 (d) ENFORCEMENT.—The requirements of sub15 sections (a), (b), and (c) shall be considered to be a regula16 tion issued by the Consumer Product Safety Commission

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

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

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

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

21 and

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

23 shall be considered a banned hazardous substance under

24 section 2(q) of the Federal Hazardous Substances Act.
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1 SEC. 3. REGULATIONS AND EFFECTIVE DATE.

2 (a) REGULATIONS.—The Consumer Product Safety

3 Commission shall promulgate regulations, under section

4 553 of title 5, United States Code, for the implementation

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

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

7 (15 U.S.C 1262) shall not apply with respect to the issu8 ance of regulations under this subsection.

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

10 February 1, 1994.

11 SEC. 4. BICYCLE HELMETS.

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

13 date of the enactment of this Act, all bicycle helmets man14 ufactured after the expiration of such 9 months shall con15 form to—

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

17 (2) the 1990 Snell Memorial Foundation Stand18 ard for Protective Headgear for Use in Bicycling,

19 B–90, or

20 (3) such other standard as the Commission de21 termines is appropriate,

22 until a standard under subsection (b) takes effect. A hel23 met which does not conform to a standard identified in

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

25 effect under subsection (b), be considered in violation of
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1 a consumer product safety standard issued under the

2 Consumer Product Safety Act.

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

4 enactment of this Act, the Consumer Product Safety Com5 mission shall begin a proceeding under section 553 of title

6 5, United States Code, to—

7 (1) harmonize the requirements of the ANSI

8 standard, the Snell standard, and other appropriate

9 standards into a standard of the Commission,

10 (2) include in the standard of the Commission

11 provisions to protect against helmets rolling off the

12 heads of riders,

13 (3) include in the standard of the Commission

14 standards which address risk of injury to children,

15 and

16 (4) include additional provisions as appropriate.

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

18 shall be considered a consumer product safety standard

19 issued under the Consumer Product Safety Act and shall

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

21 and 9 of the Consumer Product Safety Act (15 U.S.C.

22 2056, 2058) shall not apply to any proceeding under this

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

24 shall not apply with respect to any standard issued as a

25 result of such proceeding.
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