I
107TH CONGRESS
1ST SESSION
H. R. 2727
To establish a labeling requirement under the Federal Insecticide, Fungicide,
and Rodenticide Act in order to prohibit the use of arsenic-treated
lumber to manufacture playground equipment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. BONIOR (for himself Ms. CARSON of Indiana, Mr. GEORGE MILLER of
California, Mr. PALLONE, Ms. DELAURO, Mr. KILDEE, Ms. PELOSI, and
Mr. SANDERS) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To establish a labeling requirement under the Federal Insec-
ticide, Fungicide, and Rodenticide Act in order to pro-
hibit the use of arsenic-treated lumber to manufacture
playground equipment, 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 ‘‘Arsenic-Lumber Child
Protection Act’’.
SEC. 2. PROHIBITION AGAINST USE OF CCA LUMBER TO
MANUFACTURE 
PLAYGROUND 
EQUIPMENT
OR 
OTHER 
CHILDREN’S 
PRODUCTS; 
DIS-
TRIBUTION OF PRODUCTS.
(a) IN GENERAL.—With respect to lumber that is
treated with any of the pesticides known as inorganic
arsenicals or chromated copper arsenicals (referred to in
this Act as ‘‘CCA lumber’’), the Administrator of the En-
vironmental Protection Agency shall to the extent provided
in subsection (b) regulate such lumber as a pesticide under
the Federal Insecticide, Fungicide, and Rodenticide Act,
notwithstanding section 152.25 of title 40, Code of Fed-
eral Regulations, or other regulations under such Act.
(b) PROHIBITED USE.—For purposes of subsection
(a), the Administrator shall by regulation provide as fol-
lows:
(1) That CCA lumber is misbranded within the
meaning of section 12(a)(1)(E) of the Federal Insec-
ticide, Fungicide, and Rodenticide Act unless it
bears labeling providing that—
(A) the lumber has been treated with ar-
senic; and
(B) it is a violation of Federal law to man-
ufacture or distribute for commercial purposes
a product constructed with such lumber if the
product is playground equipment or any other
item that is intended to be used primarily by
children and whose usual use involves direct
contact with such lumber.
(2) That section 12(a)(2)(G) of such Act (relat-
ing to unlawful acts) applies to persons who engage
in violations described in paragraph (1)(B) of this
subsection.
(c) ADDITIONAL DEFINITIONS.—For purposes of this
Act:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The ‘‘manufacture’’, with respect to CCA
lumber and playground equipment or other items de-
scribed in subsection (b)(1)(B), includes the creation
of products designed to be assembled by consumers
and the building of products on behalf of consumers
according to specifications of the consumers.
SEC. 3. STUDY OF HEALTH EFFECTS OF CCA LUMBER IN
OTHER CONSUMER PRODUCTS.
The Administrator shall conduct a study to determine
the health effects on adults and children of using con-
sumer products whose usual use involves direct contact
with CCA lumber, such as picnic tables and benches,
decks, and handrails.
Æ