`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 965 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 965

_______________________________________________________________________

                               AMENDMENT
                  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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Safety Protection Act''.

                   TITLE I--TOY LABELING REQUIREMENTS

SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    (a) Requirement Under Federal Hazardous Substances Act.--The 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by 
adding at the end the following new section:

``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES.

    ``(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 material which accompanies such toy or 
        game, and, in the case of bulk sales of such toy or game when 
        unpackaged, any bin, container for retail display, or vending 
        machine from which the unpackaged toy or game is dispensed 
        shall bear or contain the cautionary statement 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.
            ``(2) Label.--The cautionary statement required by 
        paragraph (1) for a toy or game shall be as follows:


                                WARNING:

                    CHOKING HAZARD--Small parts.

                    Not for children under 3 yrs.

    ``(b) Balloons, Small Balls, and Marbles.--
            ``(1) Requirement.--In the case of any latex balloon, any 
        ball with a diameter of 1.75 inches or less intended for 
        children 3 years of age or older, any marble intended for 
        children 3 years of age or older, or any toy or game which 
        contains such a balloon, 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, ball, marble, 
                toy, or game,
                    ``(B) any descriptive material which accompanies 
                such balloon, ball, marble, toy, or game, and
                    ``(C) in the case of bulk sales of any such product 
                when unpackaged, any bin, container for retail display, 
                or vending machine from which such unpackaged balloon, 
                ball, marble, toy, or game is dispensed,
        shall bear or contain the cautionary statement described in 
        paragraph (2).
            ``(2) Label.--The cautionary statement required under 
        paragraph (1) for a balloon, ball, marble, toy, or game shall 
        be as follows:
                    ``(A) Balloons.--In the case of balloons, or toys 
                or games that contain latex balloons, the following 
                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.
                    ``(B) Balls.--In the case of balls, the following 
                cautionary statement applies:


                                WARNING:

                    CHOKING HAZARD--This toy is a small 
                        ball.

                    Not for children under 3 yrs.
                    ``(C) Marbles.--In the case of marbles, the 
                following cautionary statement applies:


                                WARNING:

                    CHOKING HAZARD--This toy is a marble.

                    Not for children under 3 yrs.
                    ``(D) Toys and Games.--In the case of toys or games 
                containing balls, the following cautionary statement 
                applies:


                                WARNING:

                    CHOKING HAZARD--Toy contains a small 
                        ball.

                    Not for children under 3 yrs.
                In the case of toys or games containing marbles, the 
                following cautionary statement applies:


                                WARNING:

                    CHOKING HAZARD--Toy contains a marble.

                    Not for children under 3 yrs.
    ``(c) General Labeling Requirements.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), any cautionary statement required under subsection (a) or 
        (b) shall be--
                    ``(A) displayed in its entirety on the principal 
                display panel of the product's package, and on any 
                descriptive material which accompanies the product, 
                and, in the case of bulk sales of such product when 
                unpackaged, on the bin, container for retail display of 
                the product, and any vending machine from which the 
                unpackaged product is dispensed, and
                    ``(B) displayed in the English language in 
                conspicuous and legible type in contrast by typography, 
                layout, or color with other printed matter on such 
                package, descriptive materials, bin, container, and 
                vending machine, and in a manner consistent with part 
                1500 of title 16, Code of Federal Regulations (or 
                successor regulations thereto).
            ``(2) Exception for products manufactured outside united 
        states.--In the case of a product manufactured outside the 
        United States and directly shipped from the manufacturer to the 
        consumer by United States mail or other delivery service, the 
        accompanying material inside the package of the product may 
        fail to bear the required statement if other accompanying 
        material shipped with the product bears such statement.
            ``(3) Special rules for certain packages.--(A) A cautionary 
        statement required by subsection (a) or (b) may, in lieu of 
        display on the principal display panel of the product's 
        package, be displayed on another panel of the package if--
                    ``(i) the package has a principal display panel of 
                15 square inches or less and the required statement is 
                displayed in three or more languages; and
                    ``(ii) the statement specified in subparagraph (B) 
                is displayed on the principal display panel and is 
                accompanied by an arrow or other indicator pointing 
                toward the place on the package where the statement 
                required by subsection (a) or (b) appears.
            ``(B)(i) In the case of a product to which subsection (a), 
        subsection (b)(2)(B), subsection (b)(2)(C), or subsection 
        (b)(2)(D) applies, the statement specified by this subparagraph 
        is as follows:


                             SAFETY WARNING

            ``(ii) In the case of a product to which subsection 
        (b)(2)(A) applies, the statement specified by this subparagraph 
        is as follows:


                           WARNING--choking hazard

    ``(d) Treatment as Misbranded Hazardous substance.--A balloon, 
ball, marble, toy, or game, that is not in compliance with the 
requirements of this section shall be considered a misbranded hazardous 
substance under section 2(p).''.
    (b) Other Small Balls.--A small ball--
            (1) intended for children under the age of 3 years of age, 
        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 (15 U.S.C. 1261(q)).
    (c) Regulations.--The Consumer Product Safety Commission 
(hereinafter referred to as the ``Commission'') shall promulgate 
regulations, under section 553 of title 5, United States Code, for the 
implementation of this section and section 24 of the Federal Hazardous 
Substances Act by July 1, 1994, or the date that is 6 months after the 
date of enactment of this Act, whichever occurs first. 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 issuances of 
regulations under this subsection.
    (d) Effective Date; Applicability.--Subsections (a) and (b) shall 
take effect January 1, 1995, and section 24 of the Federal Hazardous 
Substances Act shall apply only to products entered into commerce on or 
after January 1, 1995.
    (e) Preemption.--
            (1) In general.--Subject to paragraph (2), a State or 
        political subdivision of a State may not establish or enforce a 
        requirement relating to cautionary labeling of small parts 
        hazards or choking hazards in any toy, game, marble, small 
        ball, or balloon intended or suitable for use by children 
        unless such requirement is identical to a requirement 
        established by amendments made by this section to the Federal 
        Hazardous Substances Act or by regulations promulgated by the 
        Commission.
            (2) Exception.--A State or political subdivision of a State 
        may, until January 1, 1995, enforce a requirement described in 
        paragraph (1) if such requirement was in effect on October 2, 
        1993.

SEC. 102. REPORTING REQUIREMENTS.

    (a) Reports to Consumer Product Safety Commission.--
            (1) Requirement to report.--Each manufacturer, distributor, 
        retailer, and importer of a marble, small ball, or latex 
        balloon, or a toy or game that contains a marble, small ball, 
        latex balloon, or other small part, shall report to the 
        Commission any information obtained by such manufacturer, 
        distributor, retailer, or importer which reasonably supports 
        the conclusion that--
                    (A) an incident occurred in which a child 
                (regardless of age) choked on such a marble, small 
                ball, or latex balloon or on a marble, small ball, 
                latex balloon, or other small part contained in such 
                toy or game; and
                    (B) as a result of that incident the child died, 
                suffered serious injury, ceased breathing for any 
                length of time, or was treated by a medical 
                professional.
            (2) Treatment under cpsa.--For purposes of section 19(a)(3) 
        of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the 
        requirement to report information under this subsection is 
        deemed to be a requirement under such Act.
            (3) Effect on liability.--A report by a manufacturer, 
        distributor, retailer, or importer under paragraph (1) shall 
        not be interpreted, for any purpose, as an admission of 
        liability or of the truth of the information contained in the 
        report.
    (b) Confidentiality Protections.--The confidentiality protections 
of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) 
apply to any information reported to the Commission under subsection 
(a) of this section. For purposes of section 6(b)(5) of such Act, 
information so reported shall be treated as information submitted 
pursuant to section 15(b) of such Act respecting a consumer product.

               TITLE II--CHILDREN'S BICYCLE HELMET SAFETY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Children's Bicycle Helmet Safety 
Act of 1993''.

SEC. 202. ESTABLISHMENT OF PROGRAM.

    The Administrator of the National Highway Traffic Safety 
Administration may, in accordance with section 203, make grants to 
States and nonprofit organizations for programs that require or 
encourage individuals under the age of 16 to wear approved bicycle 
helmets. In making those grants, the Administrator shall allow grantees 
to use wide discretion in designing programs that effectively promote 
increased bicycle helmet use.

SEC. 203. PURPOSES FOR GRANTS.

    A grant made under section 202 may be used by a grantee to--
            (1) enforce a law that requires individuals under the age 
        of 16 to wear approved bicycle helmets on their heads while 
        riding on bicycles;
            (2) assist individuals under the age of 16 to acquire 
        approved bicycle helmets;
            (3) develop and administer a program to educate individuals 
        under the age of 16 and their families on the importance of 
        wearing such helmets in order to improve bicycle safety; or
            (4) carry out any combination of the activities described 
        in paragraphs (1), (2), and (3).

SEC. 204. STANDARDS.

    (a) In General.--Bicycle helmets manufactured 9 months or more 
after the date of the enactment of this Act shall conform to--
            (1) any interim standard described under subsection (b), 
        pending the establishment of a final standard pursuant to 
        subsection (c); and
            (2) the final standard, once it has been established under 
        subsection (c).
    (b) Interim Standards.--The interim standards are as follows:
            (1) The American National Standards Institute standard 
        designated as ``Z90.4-1984''.
            (2) The Snell Memorial Foundation standard designated as 
        ``B-90''.
            (3) The American Society of Testing Materials standard 
        designated as ``F 1447''.
            (4) Any other standard that the Commission determines is 
        appropriate.
    (c) Final Standard.--Not later than 60 days after the date of the 
enactment of this Act, the Commission shall begin a proceeding under 
section 553 of title 5, United States Code, to--
            (1) review the requirements of the interim standards set 
        forth in subsection (a) and establish a final standard based on 
        such requirements;
            (2) include in the final standard a provision to protect 
        against the risk of helmets coming off the heads of bicycle 
        riders;
            (3) include in the final standard provisions that address 
        the risk of injury to children; and
            (4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 
2056, 2058, 2079(d)) shall not apply to the proceeding under this 
subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply 
with respect to any standard issued under such proceeding. The final 
standard shall take effect 1 year from the date it is issued.
    (d) Failure to Meet Standards.--
            (1) Failure to meet interim standard.--Until the final 
        standard takes effect, a bicycle helmet that does not conform 
        to an interim standard as required under subsection (a)(1) 
        shall be considered in violation of a consumer product safety 
        standard promulgated under the Consumer Product Safety Act.
            (2) Status of final standard.--The final standard developed 
        under subsection (c) shall be considered a consumer product 
        safety standard promulgated under the Consumer Product Safety 
        Act.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    For the National Highway Traffic Safety Administration to carry out 
the grant program authorized by this title, there are authorized to be 
appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal 
year 1995, and $4,000,000 for fiscal year 1996.

SEC. 206. DEFINITION.

    In this title, the term ``approved bicycle helmet'' means a bicycle 
helmet that meets--
            (1) any interim standard described in section 204(b), 
        pending establishment of a final standard under section 204(c); 
        and
            (2) the final standard, once it is established under 
        section 204(c).

                 TITLE III--BUCKET DROWNING PREVENTION

SEC. 301. LABELING STANDARD REQUIREMENTS.

    On October 1, 1994, or 240 days after the date of the enactment of 
this title, whichever first occurs, there is established and effective 
a consumer product safety standard under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of 
injury or death resulting from infants falling into 4-gallon to 6-
gallon buckets containing liquid. Such standard, when established, 
shall require straight sided or slightly tapered, open head containers 
with a capacity of more than 4 gallons and less than 6 gallons 
(referred to in this title as a ``bucket''), to bear one warning label 
in English and Spanish. The label shall meet the following 
requirements:
            (1) The label shall be permanent so that such label cannot 
        be removed, torn or defaced without the aid of tools or 
        solvents.
            (2) The label shall be at least 7 inches in height, and 
        3\1/2\ inches in width, or any larger size as the labeler may 
        choose.
            (3) The label shall be centered on one side of the bucket 
        just below the point where the handle is inserted.
            (4) The label shall have a border or other form of contrast 
        around its edges to delineate it from any other information on 
        the bucket.
            (5) The label shall bear (A) the signal word ``WARNING'' in 
        both English and Spanish, in bold uppercase lettering, and (B) 
        in upper and lower case lettering the words ``Children Can Fall 
        Into Bucket and Drown. Keep Children Away From Buckets With 
        Even a Small Amount of Liquid.'', with an equivalent Spanish 
        translation in at least the same type size as English. The 
        signal word panel shall be preceded by a safety alert symbol 
        consisting of an exclamation mark in a triangle.
            (6) The label shall be clear and conspicuous and in 
        contrasting colors.
            (7) The label shall include a picture of a child falling 
        into a bucket containing liquid. An encircled slash symbol 
        shall be superimposed over, and surround the pictorial. The 
        picture shall be positioned between the signal word panel and 
        the message panel.

SEC. 302. CERTAIN BUCKETS NOT AFFECTED.

    The standard established by section 301 applies only to buckets 
manufactured or imported on or after the effective date of such 
standard, and buckets manufactured or imported before such effective 
date may be sold without the warning label required by section 301 even 
though such sales occur after that date. The Consumer Product Safety 
Commission, by rule, shall prohibit a manufacturer, filler, 
distributor, and retailer from stockpiling buckets to which consumer 
product safety standards established by section 301 of this title would 
have applied but for the preceding sentence. For purposes of this 
section, the term ``stockpiling'' shall have the same meaning as that 
provided by section 9(g)(2) of the Consumer Product Safety Act.

SEC. 303. PROHIBITED ACTS.

    (a) Removal of Label.--Once placed on a plastic bucket pursuant to 
the standard provided by section 301, it shall be a prohibited act 
under section 19 of the Consumer Product Safety Act for any person in 
the chain of distribution of the bucket to intentionally cover, 
obstruct, tear, deface or remove the label.
    (b) Consumer Product Safety Standard.--The standard established by 
section 301 of this title shall be considered a consumer product safety 
standard established under the Consumer Product Safety Act.

SEC. 304. EXISTING LABELS.

    Notwithstanding section 301, any bucket label in use on September 
1, 1993, may, if such label is substantially in conformance with the 
requirements of paragraphs (3), (4), (5), and (6) of section 301, 
continue to be placed on buckets until 12 months after the date of the 
enactment of this title. Notwithstanding the preceding sentence, 
buckets subject to the provisions of this section must bear both an 
English and Spanish language label on and after the effective date of 
the standard established by section 301.

SEC. 305. AMENDMENTS.

    Section 553 of title 5, United States Code, shall apply with 
respect to the Consumer Product Safety Commission's issuance of any 
amendments or changes to the bucket labeling standard established by 
section 301 of this title. Sections 7 and 9 of the Consumer Product 
Safety Act shall not apply to such amendments or changes.

SEC. 306. RESPONSIBILITY FOR LABELING.

    (a) Labeling.--The standard established by section 301 requires the 
labeling of buckets covered by such standard to be the responsibility 
of the manufacturer of any such buckets, unless otherwise specified by 
contract between the manufacturer, and either the filler, distributor, 
or retailer of such buckets. Under no circumstances shall any such 
bucket enter the stream of commerce without such label.
    (b) Time for Placing Labels.--The required label must be on the 
bucket at the time it is sold or delivered to the end user of the 
bucket or its contents or, in the case of a bucket intended to be sold 
to the public in an empty state, at the time it is shipped to a 
retailer for sale to the public.

SEC. 307. PERFORMANCE STANDARD.

    (a) Performance Standard.--Within 30 days following the date of 
enactment of this title, the Consumer Product Safety Commission shall 
commence a proceeding under the Consumer Product Safety Act for the 
issuance of a performance standard for buckets to address the drowning 
hazard associated with this product. Such standard shall take effect at 
such time as may be prescribed by the Consumer Product Safety 
Commission, but in no event later than 15 months following the date of 
the enactment of this title. The Consumer Product Safety Commission 
shall consider any American Society for Testing and Materials voluntary 
performance standard in existence prior to such date of enactment.
    (b) Labeling Requirements.--The labeling requirements under section 
101 shall not apply to buckets certified by the Consumer Product Safety 
Commission as meeting the performance standard in subsection (a).

SEC. 308. CONSULTATION.

    To avoid duplicative and conflicting labeling, the Consumer Product 
Safety Commission shall complete a consultation with relevant Federal 
agencies within 30 days following the date of enactment of this Act.

SEC. 309. REQUIREMENT FOR COMMISSION STUDY.

    (a) Study.--The Commission shall conduct a study to assess the 
frequency of deaths and injuries arising from drowning accidents in 
metal buckets, and the frequency and type of uses of 4-gallon to 6-
gallon metal containers in the home, to determine whether special 
design and labeling standards are needed for such containers. The 
Commission shall report the results of the study to the Congress not 
later than one year after the date of enactment of this Act.
    (b) Exemption.--During the pendency of such study, metal containers 
which would otherwise be required to comply with the labeling 
requirements of section 301 are exempt from such requirements. Upon 
review of the results of the study, the Commission shall decide whether 
to continue this exemption, to require compliance by metal containers, 
or to consider further study in the future.

            Attest:






                                                             Secretary.

HR 965 EAS1S----2
HR 965 EAS1S----3`