II 

108TH CONGRESS 

2D SESSION S. 2016

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2004

Mrs. FEINSTEIN (for herself and Mr. FITZGERALD) 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 AND 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 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 11,500 children age 2 

9 and under are injured in cribs seriously enough to 

10 require hospital treatment. 

11 (4) Each year at least 26 children age 4 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 $150,000,000 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 to two million new cribs sold. Many infants are 

21 placed in secondhand, hand-me-down, or heirloom 

22 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 contracting to sell, resell, lease, 

5 or sublease unsafe cribs that are not new, or other6 wise placing in the stream of commerce unsafe sec7 ondhand, hand-me-down, or heirloom cribs, will pre8 vent 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.—

21 (A) IN GENERAL.—The term ‘‘commercial 

22 user’’ means any person—

23 (i) who manufactures, sells, or con24 tracts to sell full-size cribs or nonfull-size 

25 cribs; or 
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1 (ii) who—

2 (I) deals in full-size or nonfull3 size cribs that are not new or who 

4 otherwise by one’s occupation holds 

5 oneself out as having knowledge or 

6 skill peculiar to full-size cribs or 

7 nonfull-size cribs, including child care 

8 facilities and family child care homes; 

9 or 

10 (II) is in the business of con11 tracting to sell or resell, lease, sublet, 

12 or otherwise placing in the stream of 

13 commerce full-size cribs or nonfull-size 

14 cribs that are not new. 

15 (B) EXCEPTION.—The term does not in16 clude an individual who sells a used crib at a 

17 one-time private sale. 

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

19 crib or nonfull-size crib. 

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

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

22 1508.1 of title 16, Code of Federal Regulations. 

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

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

25 of age. 
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1 (5) NONFULL-SIZE CRIB.—The term ‘‘nonfull2 size crib’’ means a nonfull-size baby crib as defined 

3 in section 1509.2(b) of title 16, Code of Federal 

4 Regulations (including a portable crib and a crib-pen 

5 described in paragraph (2) of subsection (b) of that 

6 section). 

7 SEC. 4. REQUIREMENTS FOR CRIBS. 

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

9 unlawful for any commercial user—

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

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

12 any infant using it; or 

13 (2) to sell, contract to sell or resell, lease, sub14 let, or otherwise place in the stream of commerce 

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

16 that is unsafe for any infant using it. 

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

18 It shall be unlawful for any hotel, motel, or similar tran19 sient lodging facility to offer or provide for use or other20 wise place in the stream of commerce, on or after the ef21 fective date of this Act, any full-size crib or nonfull-size 

22 crib that is unsafe for any infant using it. 

23 (c) ADHERENCE TO CRIB SAFETY STANDARDS.—A 

24 full-size crib, nonfull-size crib, portable crib, playpen, or 

25 play yard shall be presumed to be unsafe under this sec-
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1 tion if it does not conform to the standards applicable to 

2 such product as follows: 

3 (1) Part 1508 (commencing with section 

4 1508.1) of title 16, Code of Federal Regulations (re5 quirements for full-size baby cribs). 

6 (2) Part 1509 (commencing with section 

7 1509.1) of title 16, Code of Federal Regulations (re8 quirements for nonfull-size baby cribs). 

9 (3) American Society for Testing Materials 

10 F406 Consumer Safety Specification for Play Yards. 

11 (4) American Society for Testing Materials 

12 F1169 Consumer Safety Specification for Full-Size 

13 Cribs. 

14 (5) American Society for Testing Materials 

15 F1822 Consumer Safety Specification for Non-Full16 Size Cribs. 

17 (6) American Society for Testing Materials 

18 F966 Consumer Safety Specification for Full-Size 

19 and Non-Full-Size Baby Crib Corner Post Exten20 sions. 

21 (7) Part 1303 (commencing with section 

22 1303.1) of title 16, Code of Federal Regulations. 

23 (8) Any amendments to the regulations or 

24 standards specified in paragraphs (1) through (7), 

25 or any other regulations or standards that are 
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1 adopted in order to amend or supplement the regula2 tions or standards specified in such paragraphs. 

3 (d) EXCEPTION.—This section shall not apply to a 

4 full-size crib or nonfull-size crib that is not intended for 

5 use by an infant, including a toy or display item, if at 

6 the time it is manufactured, made subject to a contract 

7 to sell or resell, leased, sublet, or otherwise placed in the 

8 stream of commerce, as applicable, it is accompanied by 

9 a notice to be furnished by each commercial user declaring 

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

11 is dangerous to use for an infant. 

12 (e) ENFORCEMENT.—(1) The Consumer Product 

13 Safety Commission shall have the power to enforce the 

14 provisions of this section as if such provisions were a con15 sumer product safety standard promulgated by the Com16 mission under the Consumer Product Safety Act (15 

17 U.S.C. 2051 et seq.). 

18 (2) A violation of this section shall be considered a 

19 prohibited act within the meaning of section 19 of the 

20 Consumer Product Safety Act (15 U.S.C. 2068), and shall 

21 be subject to the penalties and remedies available for pro22 hibited acts under the Consumer Product Safety Act. 
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1 SEC. 5. EFFECTIVE DATE. 

2 This Act shall become effective 90 days after the date 

3 of the enactment of this Act.

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