I

107TH CONGRESS

1ST SESSION H. R. 1086

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 2001

Mrs. TAUSCHER (for herself, Mr. GREENWOOD, Mrs. THURMAN, Ms. LEE, and

Mr. WELDON of Pennsylvania) 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; PURPOSE.

7 (a) FINDINGS.—The Congress makes the following

8 findings:

9 (1) The disability and death of infants resulting

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

2 of people of this country.

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

4 must ensure that it is safe to leave an infant unat5 tended for extended periods of time. A parent or

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

7 is a safe place to leave an infant.

8 (3) Each year more than 12,000 children ages

9 2 and under are injured in cribs seriously enough to

10 require hospital treatment.

11 (4) Each year at least 50 children ages 2 and

12 under die from injuries sustained in cribs.

13 (5) The United States Consumer Product Safe14 ty Commission estimates that the cost to society re15 sulting from deaths due to cribs is at least

16 $225,000,000 per year.

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

18 cribs pose a special problem. There are nearly 4 mil19 lion infants born in this country each year, but only

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

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

22 heirloom cribs.

23 (7) Most crib deaths occur in secondhand,

24 hand-me-down, or heirloom cribs.
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1 (8) Existing State and Federal legislation is in2 adequate to deal with the hazard presented by sec3 ondhand, hand-me-down, or heirloom cribs.

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

5 lease, sublease of unsafe cribs that are not new, or

6 otherwise place in the stream of commerce unsafe

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

8 prevent injuries and deaths caused by cribs.

9 (b) PURPOSE.—The purpose of this Act is to prevent

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

11 of unsafe cribs by making it illegal—

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

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

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

15 the stream of commerce, after the effective date of

16 this Act, any unsafe crib, particularly any unsafe

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

18 SEC. 3. DEFINITIONS.

19 As used in this Act:

20 (1) COMMERCIAL USER.—The term ‘‘commer21 cial user’’ means any person—

22 (A) who manufactures, sells, or contracts

23 to sell full-size cribs or nonfull-size cribs; or

24 (B) who—
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1 (i) deals in full-size or nonfull-size

2 cribs that are not new or who otherwise by

3 one’s occupation holds oneself out as hav4 ing knowledge or skill peculiar to full-size

5 cribs or nonfull-size cribs, including child

6 care facilities and family child care homes;

7 or

8 (ii) is in the business of contracting to

9 sell or resell, lease, sublet, or otherwise

10 placing in the stream of commerce full-size

11 cribs or nonfull-size cribs that are not new.

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

13 crib or nonfull-size crib.

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

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

16 1508.1 of title 16 of the Code of Federal Regula17 tions.

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

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

20 of age.

21 (5) NONFULL-SIZE CRIB.—The term ‘‘nonfull22 size crib’’ means a nonfull-size baby crib as defined

23 in section 1509.2(b) of title 16 of the Code of Fed24 eral Regulations (including a portable crib and a
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1 crib-pen described in paragraph (2) of subsection (b)

2 of that section).

3 SEC. 4. PROHIBITIONS.

4 (a) IN GENERAL.—It shall be unlawful for any com5 mercial user—

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

7 full-size crib or nonfull-size crib that is unsafe for

8 any infant using it; or

9 (2) to sell, contract to sell or resell, lease, sub10 let, or otherwise place in the stream of commerce,

11 any full-size or nonfull-size crib that is not new and

12 that is unsafe for any infant using the crib.

13 (b) LODGINGS.—It shall be unlawful for any hotel,

14 motel, or similar transient lodging facility to offer or pro15 vide for use or otherwise place in the stream of commerce,

16 on or after the effective date of this Act, any full-size crib

17 or nonfull-size crib that is unsafe for any infant using it.

18 SEC. 5. CRIB STANDARDS.

19 A crib shall be presumed to be unsafe under this Act

20 if it does not conform to all of the following:

21 (1) Part 1508 (commencing with section

22 1508.1) of title 16 of the Code of Federal Regula23 tions.
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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 Standard F.406.

9 (5) American Society for Testing Materials Vol10 untary Standards F966.

11 (6) American Society for Testing Materials Vol12 untary Standards F1169.

13 (7) American Society for Testing Materials Vol14 untary Standards F1822.

15 (8) Any regulations or standards that are

16 adopted in order to amend or supplement the regula17 tions described in paragraphs (1) through (7).

18 SEC. 6. EXCEPTIONS.

19 This Act shall not apply to a full-size crib or nonfull20 size crib that is not intended for use by an infant, includ21 ing a toy or display item, if at the time it is manufactured,

22 made subject to a contract to sell or resell, leased, sub23 letted, or otherwise placed in the stream of commerce, as

24 applicable, it is accompanied by a notice to be furnished

25 by each commercial user declaring that the crib is not in-
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1 tended to be used for an infant and is dangerous to use

2 for an infant.

3 SEC. 7. ENFORCEMENT.

4 (a) CIVIL PENALTY.—Any commercial user, hotel,

5 motel, or similar transient lodging facility that knowingly

6 violates section 4 is subject to a civil penalty not exceeding

7 $1,000.

8 (b) INJUNCTION.—Any person may bring an action

9 in a district court of the United States against any com10 mercial user, hotel, motel, or similar transient lodging fa11 cility to enjoin any act or omission that violates section

12 4, and for reasonable attorneys fees and costs incurred

13 in bringing the action.

14 SEC. 8. REMEDIES.

15 Penalties or other remedies available under this Act

16 are in addition to any other fines, penalties, remedies, or

17 procedures under any other provision of law.

18 SEC. 9. EFFECTIVE DATE.

19 This Act shall become effective 90 days after the date

20 of its enactment.

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