I 

110TH CONGRESS 

1ST SESSION H. R. 1698 

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each durable infant or toddler product, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2007 

Ms. SCHAKOWSKY (for herself, Mrs. MCCARTHY of New York, and Mr. 

GRIJALVA) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each 

durable infant or toddler product, 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 and Toddler 

5 Durable Product Safety Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Unintentional injuries are the leading cause 

2 of death among children, and for every such injury 

3 that is fatal, approximately 18 children are hospital4 ized and 1,250 are treated by emergency depart5 ments for such injuries that are nonfatal. 

6 (2) According to the Consumer Product Safety 

7 Commission, an average of 50 children under the 

8 age of 5 die each year in incidents associated with 

9 nursery products, and about 16 of these deaths each 

10 year are associated with cribs. 

11 (3) In 2003, an estimated 60,700 children 

12 under the age of 5 were treated in United States 

13 hospital emergency rooms for injuries associated 

14 with nursery products, and there were 10,700 inju15 ries to children under the age of 5 years associated 

16 with strollers alone. 

17 (4) Of the 397 recalls issued by the Consumer 

18 Product Safety Commission in fiscal year 2005, 109 

19 (or 28 percent) were children’s products. Children’s 

20 products were recalled, on average, over 2 times per 

21 week, and accounted for 19,635,627 individual units. 

22 SEC. 3. PURPOSE. 

23 The purpose of this Act is to prevent dangerous chil24 dren’s products from getting to the market, by requiring 


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1 independent testing of all durable infant and toddler prod2 ucts before they enter commerce. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the Consumer Product Safety Commission. 

7 (2) DURABLE INFANT OR TODDLER PROD8 UCT.—The term ‘‘durable infant or toddler prod9 uct’’— 

10 (A) means a durable product intended for 

11 use, or that may be reasonably expected to be 

12 used, by children under the age of 5 years; and 

13 (B) includes— 

14 (i) full-size cribs and nonfull-size 

15 cribs; 

16 (ii) toddler beds; 

17 (iii) high chairs, booster chairs, and 

18 hook-on chairs; 

19 (iv) bath seats; 

20 (v) gates and other enclosures for con21 fining a child; 

22 (vi) play yards; 

23 (vii) stationary activity centers; 

24 (viii) infant carriers; 

25 (ix) strollers; 


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1 (x) walkers; 

2 (xi) swings; and 

3 (xii) bassinets and cradles. 

4 (3) PANEL.—The term ‘‘Panel’’ means the In5 fant and Toddler Product Review Panel established 

6 under section 7. 

7 SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DU8 RABLE INFANT AND TODDLER PRODUCTS. 

9 (a) IN GENERAL.—The Consumer Products Safety 

10 Commission shall, without regard to sections 7(b)(1) and 

11 9(f)(3)(D) of the Consumer Product Safety Act (15 

12 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a con13 sumer product safety standard under section 7(a) of the 

14 Consumer Product Safety Act (15 U.S.C. 2056(a)) for 

15 each durable infant or toddler product. 

16 (b) SCHEDULE.—The Commission shall promulgate 

17 consumer product safety standards under this section— 

18 (1) for at least 7 durable infant or toddler 

19 products every 2 calendar years beginning after the 

20 date of the enactment of this Act, through 2013; 

21 and 

22 (2) for all durable infant or toddler products by 

23 not later than December 31, 2013. 

24 (c) CONSULTATION WITH PANEL.—The Commission 

25 shall promulgate any consumer product safety standard 


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1 under this section for a durable infant or toddler prod2 uct— 

3 (1) in consultation with the Panel; and 

4 (2) after considering the results of a review by 

5 such panel of any existing guidelines for that prod6 uct. 

7 SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COM8 PLIANCE CERTIFICATION. 

9 (a) IN GENERAL.—The Commission shall by rule— 

10 (1) require that testing and certification re11 quired under section 14 of the Consumer Product 

12 Safety Act (15 U.S.C. 2063) for a durable infant or 

13 toddler product shall be performed by an inde14 pendent third party; and 

15 (2) require the use, and prescribe the form and 

16 content, of a label under section 14(c) for such prod17 ucts for which such a certificate is issued, including 

18 a seal prescribed under subsection (b). 

19 (b) CONSULTATION WITH PANEL.—The Commission 

20 shall delegate to the Panel the authority to prescribe a 

21 seal that shall be used, under the labeling requirements 

22 under subsection (a)(2), for infant or toddler products 

23 that are certified pursuant to section 14(a) of the Con24 sumer Product Safety Act (15 U.S.C. 2063(a)(2)) to comVerDate Aug 31 2005 06:15 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1698.IH H1698

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1 ply with applicable consumer product safety standards 

2 promulgated under this Act. 

3 SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL. 

4 (a) ESTABLISHMENT.—The Commission shall estab5 lish an Infant and Toddler Product Review Panel to advise 

6 the Commission regarding the implementation of this Act. 

7 (b) FUNCTIONS.—The Panel shall— 

8 (1) review and report to the Commission re9 garding the existing guidelines for durable infant or 

10 toddler products; and 

11 (2) advise the Commission regarding the pro12 mulgation of consumer product safety standards 

13 under this Act. 

14 (c) MEMBERSHIP.— 

15 (1) IN GENERAL.—The Panel shall be com16 prised of— 

17 (A) representatives of— 

18 (i) the juvenile product manufacturers 

19 industry; 

20 (ii) consumer groups; and 

21 (iii) independent child product engi22 neers and experts; and 

23 (B) Consumer Product Safety Commission 

24 engineers. 


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1 (2) LIMITATION.—Representatives under para2 graph (1)(A)(i) shall not exceed 40 percent of the 

3 membership of the Panel. 

4 SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY 

5 ACT. 

6 (a) REMOVAL OF LIMITATION ON MAXIMUM CIVIL

7 PENALTY.—Section 20(a) of the Consumer Product Safe8 ty Act (15 U.S.C. 2069(a)) is amended— 

9 (1) in the second sentence by striking ‘‘Subject 

10 to paragraph (2),’’ and inserting ‘‘Subject to para11 graphs (2) and (3),’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(4) The second sentence of paragraph (1) shall not 

14 apply to any violation with respect to a durable infant or 

15 toddler product.’’. 

16 (b) REQUIREMENTS REGARDING DISCLOSURE OF IN17 FORMATION NOT APPLICABLE.—Section 6(b) of the Con18 sumer Product Safety Act (15 U.S.C. 2055(b)) is amend19 ed by adding at the end the following: 

20 ‘‘(9) This subsection shall not apply with respect to 

21 any durable infant or toddler product.’’. 

22 (c) DEFINITION OF DURABLE INFANT OR TODDLER

23 PRODUCT.—Section 3(a) of the Consumer Product Safety 

24 Act (15 U.S.C. 2052(a)) is amended by adding at the end 

25 the following: 


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1 ‘‘(15) The term ‘durable infant or toddler prod2 uct’ has the meaning given that term in the Infant 

3 and Toddler Product Safety Act.’’. 

Æ 


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