II

106TH CONGRESS

2D SESSION S. 2803

To provide for infant crib safety, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 28, 2000

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To provide for infant crib 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 ‘‘Infant Crib Safety

5 Act’’.

6 SEC. 2. FINDINGS; PURPOSE.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The disability and death of infants resulting

10 from injuries sustained in crib incidents are a seri11 ous threat to the public health, welfare, and safety

12 of people of this country.
2

•S 2803 IS

1 (2) The design and construction of a baby crib

2 must ensure that it is safe to leave an infant unat3 tended for extended periods of time. A parent or

4 caregiver has a right to believe that the crib in use

5 is a safe place to leave an infant.

6 (3) Each year more than 9,000 children ages 4

7 and under are injured in cribs seriously enough to

8 require hospital treatment.

9 (4) Each year at least 45 children ages 4 and

10 under die from injuries sustained in cribs.

11 (5) The United States Consumer Product Safe12 ty Commission estimates that the cost to society re13 sulting from deaths due to cribs is 225 million dol14 lars per year.

15 (6) Secondhand, hand-me-down, and heirloom

16 cribs pose a special problem. There are nearly 4 mil17 lion infants born in this country each year, but only

18 one million new cribs sold. As many as 2 out of 4

19 infants are placed in secondhand, hand-me-down, or

20 heirloom cribs.

21 (7) Most crib deaths occur in secondhand,

22 hand-me-down, or heirloom cribs.

23 (8) Existing State and Federal legislation is in24 adequate to deal with the hazard presented by sec25 ondhand, hand-me-down, or heirloom cribs.
3

•S 2803 IS

1 (9) Prohibiting the contracting to sell, resell,

2 lease, sublease of unsafe cribs which are not new, or

3 otherwise place in the stream of commerce unsafe

4 secondhand, hand-me-down, or heirloom cribs, will

5 prevent injuries and deaths caused by cribs.

6 (b) PURPOSES.—The purpose of this Act is to pre7 vent the occurrence of injuries and deaths to infants as

8 a result of unsafe cribs by making it illegal—

9 (1) to manufacture, sell, or contract to sell any

10 crib which is unsafe for any infant using the crib;

11 or

12 (2) to resell, lease, sublet, or otherwise place in

13 the stream of commerce, after the effective date of

14 this Act, any crib which is not new and which is un15 safe for any infant using the crib.

16 SEC. 3. DEFINITIONS.

17 As used in this Act:

18 (1) COMMERCIAL USER.—The term ‘‘commer19 cial user’’ means any person—

20 (A) who manufactures, sells, or contracts

21 to sell full-size or non full-size cribs; or

22 (B) who—

23 (i) deals in full-size or non full-size

24 cribs which are not new or who otherwise

25 by one’s occupation holds oneself out as
4

•S 2803 IS

1 having knowledge or skill peculiar to the

2 full-size or non full-size cribs, including

3 child care facilities and family child care

4 homes; or

5 (ii) is in the business of contracting to

6 sell or resell, lease, sublet, or otherwise

7 placing in the stream of commerce full-size

8 or non full-size cribs which are not new.

9 (2) CRIB.—The term ‘‘crib’’ means a bed de10 signed to provide a sleeping accommodation for an

11 infant.

12 (3) FULL-SIZE CRIB.—The term ‘‘full-size crib’’

13 means a full-size crib as defined in section 1508.1

14 of title 16 of the Code of Federal Regulations and

15 regarding the requirements for full-size cribs.

16 (4) INFANT.—The term ‘‘infant’’ means any

17 person less than 35 inches tall or less than 2 years

18 of age.

19 (5) NON FULL-SIZE CRIB.—The term ‘‘non-full

20 size crib’’ means a non-full size crib as defined in

21 section 1509.2(b) of title 16 of the Code of Federal

22 Regulations and American Society for Testing Mate23 rials Voluntary Standards F. 1822 regarding the re24 quirements for non full-size cribs.
5

•S 2803 IS

1 SEC. 4. PROHIBITIONS.

2 (a) IN GENERAL.—Except as provided in section 6,

3 it shall be unlawful for any commercial user—

4 (1) to manufacture, sell, or contract to sell, on

5 or after the effective date of this Act, any full-size

6 or non full-size crib which is unsafe for any infant

7 using the crib; or

8 (2) to sell, contract to sell or resell, lease, sub9 let, or otherwise place in the stream of commerce, on

10 or after the effective date of this Act, any full-size

11 or non full-size crib which is not new and which is

12 unsafe for any infant using the crib.

13 (b) LODGINGS.—Except as provided in section 6, it

14 shall be unlawful for any hotel, motel, or similar transient

15 lodging facility to offer or provide for use or otherwise

16 place in the stream of commerce, on or after the effective

17 date of this Act, any full-size or non full-size crib which

18 is unsafe for any infant using the crib.

19 SEC. 5. CRIB STANDARDS.

20 Except as provided in section 6, a crib shall be pre21 sumed to be unsafe under this Act if it does not conform

22 to all of the following:

23 (1) Part 1508 (commencing with section

24 1508.1) of title 16 of the Code of Federal Regula25 tions;
6

•S 2803 IS

1 (2) Part 1509 (commencing with section

2 1509.1) of title 16 of the Code of Federal Regula3 tions;

4 (3) Part 1303 (commencing with section

5 1303.1) of title 16 of the Code of Federal Regula6 tions;

7 (4) American Society for Testing Materials Vol8 untary Standards F966;

9 (5) American Society for Testing Materials Vol10 untary Standards F1169;

11 (6) American Society for Testing Materials Vol12 untary Standards F1822; and

13 (7) Any regulations that are adopted in order

14 to amend or supplement the regulations described in

15 paragraphs (1) through (6) of this section.

16 SEC. 6. EXCEPTIONS.

17 A crib that is not intended for use by an infant, in18 cluding a toy or display item, shall be exempt from this

19 Act if the crib is accompanied at the time of manufac20 turing, contract to sell or resell, leasing, subletting, or oth21 erwise placed in the stream of commerce by a notice to

22 be furnished by the commercial user declaring that the

23 crib is not intended to be used for an infant and is dan24 gerous to use for an infant.
7

•S 2803 IS

1 SEC. 7. ENFORCEMENT.

2 (a) FINE.—Any commercial user, hotel, motel, or

3 similar transient lodging facility who knowingly violates

4 section 4 is punishable by a fine not exceeding $1,000.

5 (b) INJUNCTION.—Any person may maintain an ac6 tion in a district court of the United States against any

7 commercial user, hotel, motel, or similar transient lodging

8 facility who violates section 4 to enjoin the manufacture,

9 sale, contract to sell, contract to resell, lease, subletting,

10 or otherwise place in the stream of commerce any full11 size or non full-size crib which is unsafe for any infant

12 using the crib, and for reasonable attorneys fees and costs.

13 SEC. 8. REMEDIES.

14 Fines or other remedies available under this Act are

15 in addition to any other fines, penalties, remedies, or pro16 cedures under any other provision of law.

17 SEC. 9. EFFECTIVE DATE.

18 This Act shall become effective 90 days from the date

19 of its enactment.

Æ