I 

110TH CONGRESS 

2D SESSION H. R. 5692 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mrs. TAUSCHER (for herself, Mr. ROGERS of Michigan, Mr. BLUMENAUER, 

Ms. DELAURO, Ms. JACKSON-LEE of Texas, Mrs. NAPOLITANO, Mr. KILDEE, Mr. KUCINICH, and Mr. TOWNS) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

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 AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The disability and death of infants resulting 

9 from injuries sustained in crib incidents are a seri10 ous threat to the public health, welfare, and safety 

11 of people of this country. 


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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 about 12,400 children are in7 jured in cribs seriously enough to require emergency 

8 room treatment. 

9 (4) Each year at least 43 children under the 

10 age of 4 die from injuries sustained in cribs. 

11 (5) The Consumer Product Safety Commission 

12 estimates that the cost to society resulting from 

13 deaths due to cribs is at least $150,000,000 per 

14 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 an estimated one million to two million new cribs 

19 sold. Many infants are placed in secondhand, hand20 me-down, or 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. 


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

2 lease, sublease of unsafe cribs that 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) PURPOSE.—The purpose of this Act is to prevent 

7 the occurrence of injuries and deaths to infants as a result 

8 of unsafe cribs by making it unlawful— 

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

10 crib that is unsafe for any infant using it; or 

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

12 the stream of commerce, after the effective date of 

13 this Act, any unsafe crib, particularly any unsafe 

14 secondhand, hand-me-down, or heirloom crib. 

15 SEC. 3. REQUIREMENTS FOR CRIBS. 

16 (a) MANUFACTURE AND SALE OF CRIBS.—It shall be 

17 unlawful for any commercial user to manufacture, sell, re18 sell, lease, or otherwise place in the stream of commerce, 

19 any full-size or nonfull-size crib that— 

20 (1) was manufactured before 1999; 

21 (2) does not conform to the safety standards 

22 described in subsection (c); or 

23 (3) has any missing, loose, or broken compo24 nents. 


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1 (b) PROVISION OF CRIBS BY LODGING FACILITIES.— 

2 It shall be unlawful for any hotel, motel, or similar tran3 sient lodging facility to offer or provide for use or other4 wise place in the stream of commerce, on or after the ef5 fective date of this Act, any full-size crib or nonfull-size 

6 crib that— 

7 (1) was manufactured before 1999; 

8 (2) does not conform to the safety standards 

9 described in subsection (c); or 

10 (3) has any missing, loose, or broken compo11 nents. 

12 (c) CRIB SAFETY STANDARDS.—A full-size or 

13 nonfull-size crib that is not in compliance with the fol14 lowing safety standards shall be considered to be a banned 

15 hazardous product under section 8 of the Consumer Prod16 uct Safety Act (15 U.S.C. 2057): 

17 (1) Part 1508 of title 16 of the Code of Federal 

18 Regulations (requirements for full-size baby cribs). 

19 (2) Part 1509 of title 16 of the Code of Federal 

20 Regulations (requirements for nonfull-size baby 

21 cribs). 

22 (3) American Society for Testing Materials 

23 F406-07 Standard Consumer Safety Specification 

24 for Non-Full Size Baby Cribs/Play Yards. 


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1 (4) American Society for Testing Materials 

2 F1169 Standard Specification for Full-Size Baby 

3 Crib. 

4 (5) American Society for Testing and Materials 

5 F966-00 Consumer Safety Specification for Full6 Size and Non-Full Size Baby Crib Corner Post Ex7 tensions. 

8 (6) Part 1303 of title 16 of the Code of Federal 

9 Regulations. 

10 (7) Any amendments to the above regulations 

11 or standards or any other regulations or standards 

12 that are adopted in order to amend or supplement 

13 the regulations or standards described in paragraphs 

14 (1) through (6). 

15 The Consumer Product Safety Commission shall have the 

16 power to enforce the provisions of this section in the same 

17 manner that the Commission enforces rules declaring 

18 products to be banned hazardous products. 

19 (d) EXCEPTION.—These requirements shall not apply 

20 to a full-size crib or nonfull-size crib that is not intended 

21 for use by an infant, including a toy or display item, if 

22 at the time it is manufactured, made subject to a contract 

23 to sell or resell, leased, or otherwise placed in the stream 

24 of commerce, as applicable, it is accompanied by a notice 

25 to be furnished by each commercial user declaring that 


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1 the crib is not intended to be used for an infant and is 

2 dangerous to use for an infant. 

3 SEC. 4. DURABILITY TEST REQUIREMENTS FOR CRIBS. 

4 Not later than 90 days after the date of enactment 

5 of this Act, the Consumer Product Safety Commission 

6 shall begin a rulemaking to revise parts 1508 and 1509 

7 of title 16, Code of Federal Regulations, to— 

8 (1) include the safety requirements specified in 

9 paragraphs (3) through (5) of section 3(c), or any 

10 successor standards thereto; and 

11 (2) address any potential hazards due to dura12 bility exhibited by cribs and play yards, taking into 

13 consideration— 

14 (A) the Underwriters Laboratories stand15 ard UL–2275 for full-size baby cribs; and 

16 (B) the standards set forth in the Cribs 

17 and Cradle Regulations established by the De18 partment of Justice of Canada, issued Sep19 tember 11, 1986 (SOR/86–962). 

20 SEC. 5. SOFT BEDDING WARNING LABELS. 

21 Not later than 1 year after the date of enactment 

22 of this Act, the Consumer Product Safety Commission 

23 shall promulgate a consumer product safety rule pursuant 

24 to section 7 of the Consumer Product Safety Act (15 

25 U.S.C. 2056) to require that all cribs manufactured and 


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1 introduced into interstate commerce contain a warning 

2 label affixed to the crib in a conspicuous location warning 

3 consumers against the use of soft bedding for infants 

4 placed in the crib, including bumper pads, quilts, blankets, 

5 pillows, and sleep positioners. 

6 SEC. 6. DEFINITIONS. 

7 As used in this Act, the following definitions apply: 

8 (1) COMMERCIAL USER.— 

9 (A) The term ‘‘commercial user’’ means— 

10 (i) any person who manufactures, 

11 sells, or contracts to sell full-size cribs or 

12 nonfull-size cribs; or 

13 (ii) any person who— 

14 (I) deals in full-size or nonfull15 size cribs that are not new or who 

16 otherwise by one’s occupation holds 

17 oneself out as having knowledge or 

18 skill peculiar to full-size cribs or 

19 nonfull-size cribs, including child care 

20 facilities and family child care homes; 

21 or 

22 (II) is in the business of con23 tracting to sell or resell, lease, sublet, 

24 or otherwise placing in the stream of 


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1 commerce full-size cribs or nonfull-size 

2 cribs that are not new. 

3 (B) The term ‘‘commercial user’’ does not 

4 mean an individual who sells a used crib at a 

5 one-time private sale. 

6 (2) CRIB.—The term ‘‘crib’’ means a full-size 

7 crib or nonfull-size crib. 

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

9 means a full-size baby crib as defined in section 

10 1508.1 of title 16 of the Code of Federal Regula11 tions. 

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

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

14 of age. 

15 (5) NONFULL-SIZE CRIB.—The term ‘‘nonfull16 size crib’’ means a nonfull-size baby crib as defined 

17 in section 1509.2(b) of title 16 of the Code of Fed18 eral Regulations (including a portable crib and a 

19 crib-pen described in paragraph (2) of subsection (b) 

20 of that section). 

21 (6) SLEEP POSITIONER.—The term ‘‘sleep posi22 tioner’’ means any wedge, roll, prop, or pillow de23 signed to encourage one position during sleep. 


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1 SEC. 7. EFFECTIVE DATE. 

2 The requirements of section 3 of this Act shall be 

3 effective 1 year after the date of enactment of this Act 

Æ 


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