II 

117TH CONGRESS 

1ST SESSION S. 3278 

To protect children and other consumers against hazards associated with 

the accidental ingestion of button cell or coin batteries by requiring 

the Consumer Product Safety Commission to promulgate a consumer 

product safety standard to require child-resistant closures on consumer 

products that use such batteries, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2021 

Mr. BLUMENTHAL (for himself and Mrs. BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To protect children and other consumers against hazards 

associated with the accidental ingestion of button cell 

or coin batteries by requiring the Consumer Product 

Safety Commission to promulgate a consumer product 

safety standard to require child-resistant closures on consumer products that use such batteries, 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 ‘‘Reese’s Law’’. 


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1 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUT2 TON CELL OR COIN BATTERIES AND CON3 SUMER PRODUCTS CONTAINING SUCH BAT4 TERIES. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Commission shall, 

7 in accordance with section 553 of title 5, United States 

8 Code, promulgate a final consumer product safety stand9 ard for button cell or coin batteries and consumer prod10 ucts containing button cell or coin batteries that includes 

11 at least— 

12 (1) a performance standard requiring the but13 ton cell or coin battery compartments of a consumer 

14 product containing button cell or coin batteries to be 

15 secured in a manner that prevents access to button 

16 cell or coin batteries by children that are 6 years of 

17 age or younger during reasonably foreseeable use or 

18 misuse conditions; and 

19 (2) warning label requirements— 

20 (A) to be included on the packaging of but21 ton cell or coin batteries and the packaging of 

22 a consumer product containing button cell or 

23 coin batteries; 

24 (B) to be included in any literature, such 

25 as a user manual, that accompanies a consumer 


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1 product containing button cell or coin batteries; 

2 and 

3 (C) to be included, as practicable, directly 

4 on a consumer product containing button cell or 

5 coin batteries in a manner that is visible to the 

6 consumer upon installation or replacement of 

7 the button cell or coin battery. 

8 (b) REQUIREMENTS FOR WARNING LABELS.—Warn9 ing labels required under subsection (a)(2) shall— 

10 (1) clearly identify the hazard of ingestion; and 

11 (2) instruct consumers, as practicable, to keep 

12 new and used batteries out of the reach of children, 

13 to seek immediate medical attention if a battery is 

14 ingested, and to follow any other consensus medical 

15 advice. 

16 (c) TREATMENT OF STANDARD FOR ENFORCEMENT

17 PURPOSES.—A consumer product safety standard promul18 gated under subsection (a) shall be treated as a consumer 

19 product safety rule promulgated under section 9 of the 

20 Consumer Product Safety Act (15 U.S.C. 2058). 

21 (d) EXCEPTION FOR RELIANCE ON VOLUNTARY

22 STANDARD.— 

23 (1) BEFORE PROMULGATION OF STANDARD BY

24 COMMISSION.—Subsection (a) shall not apply if the 

25 Commission determines, before the Commission proVerDate Sep 11 2014 07:38 Dec 01, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3278.IS S3278

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1 mulgates a final consumer product safety standard 

2 under such subsection, that— 

3 (A) there is a voluntary consumer product 

4 safety standard that meets the requirements for 

5 a standard promulgated under subsection (a); 

6 and 

7 (B) the voluntary standard described in 

8 subparagraph (A)— 

9 (i) is in effect at the time of the de10 termination by the Commission; or 

11 (ii) will be in effect not later than the 

12 date that is 180 days after the date of the 

13 enactment of this Act. 

14 (2) AFTER PROMULGATION OF STANDARD BY

15 COMMISSION.—A final consumer product safety 

16 standard promulgated under subsection (a) shall 

17 cease to apply on the date described in subsection 

18 (e)(2) if the Commission determines that— 

19 (A) there is a voluntary consumer product 

20 safety standard that meets the requirements for 

21 a standard promulgated under subsection (a); 

22 and 

23 (B) the voluntary standard described in 

24 subparagraph (A)— 


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1 (i) is in effect at the time of the de2 termination by the Commission; or 

3 (ii) will be in effect not later than the 

4 date that is 180 days after the date of the 

5 determination by the Commission. 

6 (3) DETERMINATION REQUIRED TO BE PUB7 LISHED IN FEDERAL REGISTER.—Any determination 

8 made by the Commission under this subsection shall 

9 be published in the Federal Register. 

10 (e) TREATMENT OF VOLUNTARY STANDARD FOR EN11 FORCEMENT PURPOSES.— 

12 (1) IN GENERAL.—If the Commission makes a 

13 determination under subsection (d) with respect to a 

14 voluntary standard, the requirements of such vol15 untary standard shall be treated as a consumer 

16 product safety rule promulgated under section 9 of 

17 the Consumer Product Safety Act (15 U.S.C. 2058) 

18 beginning on the date described in paragraph (2). 

19 (2) DATE DESCRIBED.—The date described in 

20 this paragraph is the later of— 

21 (A) the date of the determination of the 

22 Commission under subsection (d) with respect 

23 to the voluntary standard described in para24 graph (1); or 


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1 (B) the effective date contained in the vol2 untary standard described in paragraph (1). 

3 (f) REVISION OF VOLUNTARY STANDARD.— 

4 (1) NOTICE TO COMMISSION.—If a voluntary 

5 standard with respect to which the Commission has 

6 made a determination under subsection (d) is subse7 quently revised, the organization that revised the 

8 standard shall notify the Commission after the final 

9 approval of the revision. 

10 (2) EFFECTIVE DATE OF REVISION.—Beginning 

11 on the date that is 180 days after the Commission 

12 is notified of a revised voluntary standard described 

13 in paragraph (1) (or such later date as the Commis14 sion determines appropriate), such revised voluntary 

15 standard shall become enforceable as a consumer 

16 product safety rule promulgated under section 9 of 

17 the Consumer Product Safety Act (15 U.S.C. 2058), 

18 in place of the prior version, unless, within 90 days 

19 after receiving the notice, the Commission deter20 mines that the revised voluntary standard does not 

21 meet the requirements for a standard promulgated 

22 under subsection (a). 

23 (g) FUTURE RULEMAKING.—At any time after the 

24 promulgation of a final consumer product safety standard 

25 under subsection (a), a voluntary standard is treated as 


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1 a consumer product safety rule under subsection (e), or 

2 a revised voluntary standard becomes enforceable as a 

3 consumer product safety rule under subsection (f), the 

4 Commission may initiate a rulemaking in accordance with 

5 section 553 of title 5, United States Code, to modify the 

6 requirements of the standard or revised standard or to in7 clude in the standard or revised standard any additional 

8 provision that the Commission determines is necessary to 

9 protect children from ingesting button cell or coin bat10 teries or that would lessen the severity of injury or risk 

11 of death in the event of ingestion. Any rule promulgated 

12 under this subsection shall be treated as a consumer prod13 uct safety rule promulgated under section 9 of the Con14 sumer Product Safety Act (15 U.S.C. 2058). 

15 SEC. 3. CHILD-RESISTANT PACKAGING FOR BUTTON CELL 

16 OR COIN BATTERIES. 

17 (a) REQUIREMENT.—Not later than 180 days after 

18 the date of the enactment of this Act, any button cell or 

19 coin battery sold, offered for sale, manufactured for sale, 

20 distributed in commerce, or imported into the United 

21 States, or included separately with a consumer product 

22 sold, offered for sale, manufactured for sale, distributed 

23 in commerce, or imported into the United States, shall be 

24 packaged in accordance with the standards provided in 

25 section 1700.15 of title 16, Code of Federal Regulations 


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1 (or any successor regulation), as determined through test2 ing in accordance with the method described in section 

3 1700.20 of title 16, Code of Federal Regulations (or any 

4 successor regulation). 

5 (b) APPLICABILITY.—The requirement of subsection 

6 (a) shall be treated as a standard for the special packaging 

7 of a household substance established under section 3(a) 

8 of the Poison Prevention Packaging Act of 1970 (15 

9 U.S.C. 1472(a)). 

10 SEC. 4. EXEMPTION FOR COMPLIANCE WITH EXISTING 

11 STANDARD. 

12 The standards promulgated under this Act shall not 

13 apply with respect to any toy product that is in compliance 

14 with ASTM International’s Standard Consumer Safety 

15 Specification for Toy Safety (F963) on the date of enact16 ment of this Act. 

17 SEC. 5. DEFINITIONS. 

18 In this Act: 

19 (1) BUTTON CELL OR COIN BATTERY.—The 

20 term ‘‘button cell or coin battery’’ means— 

21 (A) a single cell battery with a diameter 

22 greater than the height of the battery; or 

23 (B) any other battery, regardless of the 

24 technology used to produce an electrical charge, 


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1 that is determined by the Commission to pose 

2 an ingestion hazard. 

3 (2) COMMISSION.—The term ‘‘Commission’’ 

4 means the Consumer Product Safety Commission. 

5 (3) CONSUMER PRODUCT.—The term ‘‘con6 sumer product’’ has the meaning given such term in 

7 section 3(a) of the Consumer Product Safety Act 

8 (15 U.S.C. 2052(a)). 

9 (4) CONSUMER PRODUCT CONTAINING BUTTON

10 CELL OR COIN BATTERIES.—The term ‘‘consumer 

11 product containing button cell or coin batteries’’ 

12 means a consumer product containing or designed to 

13 use one or more button cell or coin batteries, regard14 less of whether such batteries are intended to be re15 placed by the consumer or are included with the 

16 product or sold separately. 

17 (5) TOY PRODUCT.—The term ‘‘toy product’’ 

18 means any object designed, manufactured, or mar19 keted as a plaything for children under 14 years of 

20 age. 

Æ 


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