I
103D CONGRESS
1ST SESSION
H. R. 965
To provide for toy safety and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mrs. COLLINS of Illinois introduced the following bill; which was referred to
the Committee on Energy and Commerce
A BILL
To provide for toy 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 ‘‘Child Safety Protection
Act’’.
SEC. 2. REQUIREMENTS FOR LABELING AND BANNING.
(a) TOYS OR GAMES FOR CHILDREN WHO ARE AT
LEAST 3.—
(1) REQUIREMENT.—The packaging of any toy
or game intended for use by children who are at
least 3 years old but not older than 6 years or such
other upper age limit as the Commission may deter-
mine which may not be less than 5 years old, any
descriptive materials which accompany such toy or
game, and the bin, container for retail display, or
vending machine from which it is dispensed shall
bear or contain the cautionary label described in
paragraph (2) if the toy or game—
(A) is manufactured for sale, offered for
sale, or distributed in commerce in the United
States, and
(B) includes a small part, as defined by
the Commission.
In the case of such a toy or game dispensed from
a vending machine, the packaging of such toy or
game shall not be required to bear the cautionary
label described in paragraph (2).
(2) LABEL.—The cautionary label required
under paragraph (1) for a toy or game shall be as
follows:
(b) BALLOONS, SMALL BALLS, AND MARBLES AND
TOYS AND GAMES.—
(1) REQUIREMENT.—In the case of any balloon
or 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).
(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.—
(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
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.
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,
(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