I 
108TH CONGRESS 
1ST SESSION H. R. 3371
To provide for infant crib safety, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 21, 2003
Mrs. TAUSCHER (for herself, Mr. GREENWOOD, Mr. LAMPSON, Ms. JACKSON-
LEE of Texas, Ms. LEE, Mr. TOWNS, Ms. MILLENDER-MCDONALD, Ms. 
DELAURO, Mr. SANDERS, Mr. PAYNE, Mr. SCHIFF, Mrs. NAPOLITANO, 
Ms. NORTON, Mr. WELDON of Pennsylvania, Mr. BAIRD, Ms. MCCARTHY 
of Missouri, Mr. FROST, Mr. STENHOLM, Mr. WU, Ms. CORRINE BROWN 
of Florida, and Ms. SCHAKOWSKY) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Infant Crib Safety 
Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The disability and death of infants resulting 
from injuries sustained in crib incidents are a seri-
ous threat to the public health, welfare, and safety 
of people of this country. 
(2) The design and construction of a baby crib 
must ensure that it is safe to leave an infant unat-
tended for extended periods of time. A parent or 
caregiver has a right to believe that the crib in use 
is a safe place to leave an infant. 
(3) Each year about 12,000 children ages 2 and 
under are injured in cribs seriously enough to re-
quire hospital treatment. 
(4) Each year at least 30 children age 4 and 
under die from injuries sustained in cribs. 
(5) The United States Consumer Product Safe-
ty Commission estimates that the cost to society re-
sulting from deaths due to cribs is at least 
$150,000,000 per year. 
(6) Secondhand, hand-me-down, and heirloom 
cribs pose a special problem. There are nearly 4 mil-
lion infants born in this country each year, but only 
an estimated one million to two million new cribs 
sold. Many infants are placed in secondhand, hand-
me-down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, 
hand-me-down, or heirloom cribs. 
(8) Existing State and Federal legislation is in-
adequate to deal with the hazard presented by sec-
ondhand, hand-me-down, or heirloom cribs. 
(9) Prohibiting the contracting to sell, resell, 
lease, sublease of unsafe cribs that are not new, or 
otherwise place in the stream of commerce unsafe 
secondhand, hand-me-down, or heirloom cribs, will 
prevent injuries and deaths caused by cribs. 
(b) PURPOSE.—The purpose of this Act is to prevent 
the occurrence of injuries and deaths to infants as a result 
of unsafe cribs by making it illegal—
(1) to manufacture, sell, or contract to sell any 
crib that is unsafe for any infant using it; or 
(2) to resell, lease, sublet, or otherwise place in 
the stream of commerce, after the effective date of 
this Act, any unsafe crib, particularly any unsafe 
secondhand, hand-me-down, or heirloom crib. 
SEC. 3. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) COMMERCIAL USER.—
(A) The term ‘‘commercial user’’ means—
(i) any person who manufactures, 
sells, or contracts to sell full-size cribs or 
nonfull-size cribs; or 
(ii) any person who—
(I) deals in full-size or nonfull-
size cribs that are not new or who 
otherwise by one’s occupation holds 
oneself out as having knowledge or 
skill peculiar to full-size cribs or 
nonfull-size cribs, including child care 
facilities and family child care homes; 
or 
(II) is in the business of con-
tracting to sell or resell, lease, sublet, 
or otherwise placing in the stream of 
commerce full-size cribs or nonfull-size 
cribs that are not new. 
(B) The term ‘‘commercial user’’ does not 
mean an individual who sells a used crib at a 
one-time private sale. 
(2) CRIB.—The term ‘‘crib’’ means a full-size 
crib or nonfull-size crib. 
(3) FULL-SIZE CRIB.—The term ‘‘full-size crib’’ 
means a full-size baby crib as defined in section
1508.1 of title 16 of the Code of Federal Regula-
tions. 
(4) INFANT.—The term ‘‘infant’’ means any 
person less than 35 inches tall or less than 2 years 
of age. 
(5) NONFULL-SIZE CRIB.—The term ‘‘nonfull-
size crib’’ means a nonfull-size baby crib as defined 
in section 1509.2(b) of title 16 of the Code of Fed-
eral Regulations (including a portable crib and a 
crib-pen described in paragraph (2) of subsection (b) 
of that section). 
SEC. 4. REQUIREMENTS FOR CRIBS. 
The Federal Hazardous Substances Act (15 U.S.C. 
1261 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 25. REQUIREMENTS FOR CRIBS. 
‘‘(a) MANUFACTURE AND SALE OF CRIBS.—It shall 
be unlawful for any commercial user—
‘‘(1) to manufacture, sell, or contract to sell, 
any full-size crib or nonfull-size crib that is unsafe 
for any infant using it; or 
‘‘(2) to sell, contract to sell or resell, lease, sub-
let, or otherwise place in the stream of commerce, 
any full-size or nonfull-size crib that is not new and 
that is unsafe for any infant using the crib.
‘‘(b) PROVISION
OF CRIBS
BY LODGING FACILI-
TIES.—It shall be unlawful for any hotel, motel, or similar 
transient lodging facility to offer or provide for use or oth-
erwise place in the stream of commerce, on or after the 
effective date of this Act, any full-size crib or nonfull-size 
crib that is unsafe for any infant using it. 
‘‘(c) ADHERENCE TO CRIB SAFETY STANDARDS.—A 
full-size crib, nonfull-size crib, portable crib, playpen, or 
play yard, shall be presumed to be unsafe under this Act 
if it does not conform to the standards applicable to the 
product as listed below: 
‘‘(1) Part 1508 (commencing with section 
1508.1) of title 16 of the Code of Federal Regula-
tions. (Requirements for full-size baby cribs). 
‘‘(2) Part 1509 (commencing with section 
1509.1) of title 16 of the Code of Federal Regula-
tions. (Requirements for nonfull-size baby cribs). 
‘‘(3) American Society for Testing Materials 
F406 Consumer Safety Specification for Play Yards. 
‘‘(4) American Society for Testing Materials 
F1169 Consumer Safety Specification for Full-Size 
Cribs. 
‘‘(5) American Society for Testing Materials 
F1822 Consumer Safety Specification for Non-Full-
Size Cribs.
‘‘(6) American Society for Testing and Mate-
rials F966 Consumer Safety Specification for Full-
Size and Non-Full Size Baby Crib Corner Post Ex-
tensions. 
‘‘(7) Part 1303 (commencing with section 
1303.1) of title 16 of the Code of Federal Regula-
tions. 
‘‘(8) Any amendments to the above regulations 
or standards or any other regulations or standards 
that are adopted in order to amend or supplement 
the regulations or standards described in paragraphs 
(1) through (6) 
‘‘(d) DESIGNATION AS HAZARDOUS SUBSTANCE.—A 
full-size or nonfull-size crib that is not in compliance with 
the requirements of this section shall be considered to be 
a banned hazardous substance under section 1261(q) of 
this title. 
‘‘(e) EXCEPTION.—These requirements shall not 
apply to a full-size crib or nonfull-size crib that is not in-
tended for use by an infant, including a toy or display 
item, if at the time it is manufactured, made subject to 
a contract to sell or resell, leased, subletted, or otherwise 
placed in the stream of commerce, as applicable, it is ac-
companied by a notice to be furnished by each commercial
user declaring that the crib is not intended to be used for 
an infant and is dangerous to use for an infant.’’. 
SEC. 5. EFFECTIVE DATE. 
This Act shall be effective 90 days after the date of 
its enactment.
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