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(b) BALLOONS, SMALL BALLS, AND MARBLES AND
TOYS AND GAMES.—
(1) REQUIREMENT.—In the case of any balloon,
small ball intended for children 3 years of age or
older, marble intended for children 3 years of age or
older, or any toy or game which contains such a bal-
loon, small ball, or marble, which is manufactured
for sale, offered for sale, or distributed in commerce
in the United States—
(A) the packaging of such balloon, small
ball, or marble or toy or game,
(B) any descriptive materials which accom-
pany such balloon, small ball, or marble or toy
or game, and
(C) the bin or container for retail display
of a balloon, small ball, or marble or toy or
game or the vending machine from which the
balloon, small ball, or marble or toy or game is
dispensed,
shall contain the cautionary label described in para-
graph (2). In the case of such a balloon, small ball,
or marble or toy or game dispensed from a vending
machine, the packaging of such a balloon, small ball,
or marble or toy or game shall not be required to
bear the cautionary label described in paragraph (2).
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(2) LABEL.—The cautionary label required
under paragraph (1) for a balloon, small ball, mar-
ble, or toy or game shall be as follows:
(A) BALLOONS.—
(B) SMALL BALLS.—
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(C) MARBLES, TOYS, AND GAMES.—
(3) DEFINITION.—For purposes of this sub-
section, a small ball is a ball with a diameter of 1.75
inches or less.
(c) GENERAL LABELING REQUIREMENTS.—All label-
ing required under subsection (a) or (b) for a toy or game
or balloon, small ball, or marble shall—
(1) be prominently and conspicuously displayed
on the packaging of the toy or game or balloon,
small ball, or marble, on any descriptive materials
which accompany the toy or game or balloon, small
ball, or marble, and on the bin or container for retail
display of the toy or game or balloon, small ball, or
marble or the vending machine from which the toy
or game or balloon, small ball, or marble is dis-
pensed, and
(2) be visible and noticeable.
(d) ENFORCEMENT.—The requirements of sub-
sections (a), (b), and (c) shall be considered to be a regula-
tion issued by the Consumer Product Safety Commission
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under section 3(b) of the Federal Hazardous Substances
Act (15 U.S.C. 1262(b)).
(e) OTHER SMALL BALLS.—A small ball—
(1) intended for children under the age of 3,
and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under
section 2(q) of the Federal Hazardous Substances Act.
SEC. 3. REGULATIONS AND EFFECTIVE DATE.
(a) REGULATIONS.—The Consumer Product Safety
Commission shall promulgate regulations, under section
553 of title 5, United States Code, for the implementation
of section 2 by January 1, 1994. Subsections (f) through
(i) of section 3 of the Federal Hazardous Substances Act
(15 U.S.C. 1262) shall not apply with respect to the issu-
ance of regulations under this subsection.
(b) EFFECTIVE DATE.—Section 2 shall take effect
February 1, 1994, with respect to products entered into
commerce on or after that date.
SEC. 4. BICYCLE HELMETS.
(a) INITIAL STANDARD.—Within 9 months of the
date of the enactment of this Act, all bicycle helmets man-
ufactured after the expiration of such 9 months shall con-
form to—
(1) the ANSI standard designated Z90.4–1984,
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(2) the 1990 Snell Memorial Foundation Stand-
ard for Protective Headgear for Use in Bicycling,
B–90, or
(3) such other standard as the Commission de-
termines is appropriate,
until a standard under subsection (b) takes effect. A hel-
met which does not conform to a standard identified in
paragraph (1), (2), or (3) shall, until the standard takes
effect under subsection (b), be considered in violation of
a consumer product safety standard issued under the
Consumer Product Safety Act.
(b) PROCEEDING.—Within 60 days of the date of the
enactment of this Act, the Consumer Product Safety Com-
mission shall begin a proceeding under section 553 of title
5, United States Code, to—
(1) harmonize the requirements of the ANSI
standard, the Snell standard, and other appropriate
standards into a standard of the Commission,
(2) include in the standard of the Commission
provisions to protect against helmets rolling off the
heads of riders,
(3) include in the standard of the Commission
standards which address risk of injury to children,
and
(4) include additional provisions as appropriate.
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The standard developed under paragraphs (1) through (4)
shall be considered a consumer product safety standard
issued under the Consumer Product Safety Act and shall
take effect 1 year after the date it is issued. Sections 7,
9, and 30(d) of the Consumer Product Safety Act (15
U.S.C. 2056, 2058, 2079(d)) shall not apply to any pro-
ceeding under this subsection and section 11 of such Act
(15 U.S.C. 2060) shall not apply with respect to any
standard issued as a result of such proceeding.
Passed the House of Representatives March 16,
1993.
Attest
Clerk.