I
107TH CONGRESS
1ST SESSION
H. R. 3283
To direct the Consumer Product Safety Commission to promulgate a con-
sumer product safety standard under section 7(a) of the Consumer Prod-
uct Safety Act for each durable infant or toddler product, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 2001
Ms. SCHAKOWSKY (for herself, Ms. PELOSI, Mr. RUSH, Mr. BLAGOJEVICH,
Ms. BROWN of Florida, Mr. PAYNE, Ms. LEE, Ms. NORTON, Ms. KIL-
PATRICK, Mrs. CHRISTENSEN, Mr. JACKSON of Illinois, Mr. HINCHEY,
Ms. DELAURO, Mrs. MINK of Hawaii, Mr. LIPINSKI, Mr. MORAN of Vir-
ginia, Mr. EVANS, and Mrs. CLAYTON) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To direct the Consumer Product Safety Commission to pro-
mulgate a consumer product safety standard under sec-
tion 7(a) of the Consumer Product Safety Act for each
durable infant or toddler product, and for other pur-
poses.
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 and Toddler
Durable Product Safety Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Unintentional injuries are the leading cause
of death among children, and for every such injury
that is fatal, approximately 18 children are hospital-
ized and 233 are treated by emergency departments
for such injuries that are nonfatal.
(2) According to the Consumer Product Safety
Commission, an average of 87 children under the
age of 5 die each year in incidents associated with
nursery products, and about 35 of these deaths each
year are associated with cribs.
(3) In 1999, an estimated 65,400 children
under the age of 5 were treated in United States
hospital emergency rooms for injuries associated
with nursery products, and there were 8,800 injuries
to children under the age of 15 months associated
with baby walkers alone.
(4) More than 56,000,000 units of children’s
products were recalled in 1999, and almost
37,000,000 children’s products were recalled in
2000, but not enough of these recalls reached the
consumer.
SEC. 3. PURPOSE.
The purpose of this Act is to prevent dangerous chil-
dren’s products from getting to the market, by requiring
independent testing of all durable infant and toddler prod-
ucts before they enter commerce.
SEC. 4. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the Consumer Product Safety Commission.
(2) DURABLE
INFANT
OR
TODDLER
PROD-
UCT.—The 
term 
‘‘durable 
infant 
or 
toddler
product’’—
(A) means a durable product intended for
use, or that may be reasonably expected to be
used, by children under the age of 5 years; and
(B) includes—
(i) full-size cribs and nonfull-size
cribs;
(ii) toddler beds;
(iii) car seats;
(iv) high chairs, booster chairs, and
hook-on chair;
(v) bath seats;
(vi) gates and other enclosures for
confining a child;
(vii) play yards;
(viii) stationary activity centers;
(ix) child carriers;
(x) strollers;
(xi) walkers;
(xii) swings; and
(xiii) bassinets and cradles.
(3) PANEL.—The term ‘‘Panel’’ means the In-
fant and Toddler Product Review Panel established
under section 7.
SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DU-
RABLE INFANT AND TODDLER PRODUCTS.
(a) IN GENERAL.—The Consumer Products Safety
Commission shall, in accordance with this section and sec-
tion 553 of title 5, United States Code, promulgate a con-
sumer product safety standard under section 7(a) of the
Consumer Product Safety Act (15 U.S.C. 2056) for each
durable infant or toddler product.
(b) SCHEDULE.—The Commission shall promulgate
consumer product safety standards under this section—
(1) for at least 5 durable infant or toddler
products each calendar year beginning after the date
of the enactment of this Act, through 2005; and
(2) for all durable infant or toddler products by
not later than December 31, 2005.
(c) CONSULTATION WITH PANEL.—The Commission
shall promulgate any consumer product safety standard
under this section for a durable infant or toddler
product—
(1) in consultation with the Panel; and
(2) after considering the results of a review by
such panel of any existing guidelines for that prod-
uct.
SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COM-
PLIANCE CERTIFICATION.
(a) IN GENERAL.—The Commission shall by rule—
(1) require that testing and certification re-
quired under section 14 of the Consumer Product
Safety Act (15 U.S.C. 2063) for a durable infant or
toddler product shall be performed by an inde-
pendent third party; and
(2) require the use, and prescribe the form and
content, of a label under section 14(c) for such prod-
ucts for which such a certificate is issued, including
a seal prescribed under subsection (b).
(b) CONSULTATION WITH PANEL.—The Commission
shall delegate to the Panel the authority to prescribe a
seal that shall be used, under the labeling requirements
under subsection (a)(2), for infant or toddler products
that are certified pursuant to section 14(a) of the Con-
sumer Product Safety Act (15 U.S.C. 2063(a)(2)) to com-
ply with applicable consumer product safety standards
promulgated under this Act.
SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL.
(a) ESTABLISHMENT.—The Commission shall estab-
lish an Infant and Toddler Product Review Panel to advise
the Commission regarding the implementation of this Act.
(b) FUNCTIONS.—The Panel shall—
(1) review and report to the Commission re-
garding the existing guidelines for durable infant or
toddler products; and
(2) advise the Commission regarding the pro-
mulgation of consumer product safety standards
under this Act.
(c) MEMBERSHIP.—
(1) IN
GENERAL.—The Panel shall be com-
prised of—
(A) representatives of—
(i) the juvenile product manufacturers
industry;
(ii) consumer groups; and
(iii) independent child product engi-
neers and experts; and
(B) Consumer Product Safety Commission
engineers.
(2) LIMITATION.—Representatives under para-
graph (1)(A)(i) shall not exceed 40 percent of the
membership of the Panel.
SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY
ACT.
(a) REMOVAL OF LIMITATION ON MAXIMUM CIVIL
PENALTY.—Section 20(a) of the Consumer Product Safe-
ty Act (15 U.S.C. 2069(a)) is amended—
(1) in the second sentence by striking ‘‘Subject
to paragraph (2),’’ and inserting ‘‘Subject to para-
graphs (2) and (3),’’; and
(2) by adding at the end the following:
‘‘(4) The second sentence of paragraph (1) shall not
apply to any violation with respect to a durable infant or
toddler product.’’.
(b) REQUIREMENTS REGARDING DISCLOSURE OF IN-
FORMATION NOT APPLICABLE.—Section 6(b) of the Con-
sumer Product Safety Act (15 U.S.C. 2055(b)) is amend-
ed by adding at the end the following:
‘‘(9) This subsection shall not apply with respect to
any durable infant or toddler product.’’.
(c) DEFINITION OF DURABLE INFANT OR TODDLER
PRODUCT.—Section 3(a) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)) is amended by adding at the end
the following:
‘‘(15) The term ‘durable infant or toddler prod-
uct’ has the meaning that term has in the Infant
and Toddler Product Safety Act.’’.
Æ