103D CONGRESS
2D SESSION
H. R. 965
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
March 9, 1994.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 965) entitled ‘‘An Act to provide
for toy safety and for other purposes’’, with the following
AMENDMENT:
In lieu of the matter inserted by said amendment, in-
sert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Safety Protection
Act’’.
TITLE I—TOY LABELING REQUIREMENTS
SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS
AND GAMES.
(a) REQUIREMENT UNDER FEDERAL HAZARDOUS
SUBSTANCES ACT.—The Federal Hazardous Substances Act
(15 U.S.C. 1261 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS
AND GAMES.
‘‘(a) TOYS OR GAMES FOR CHILDREN WHO ARE AT
LEAST 3.—
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‘‘(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 determine,
which may not be less than 5 years old), any descrip-
tive material which accompanies such toy or game,
and, in the case of bulk sales of such toy or game
when unpackaged, any bin, container for retail dis-
play, or vending machine from which the unpackaged
toy or game is dispensed shall bear or contain the
cautionary statement 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.
‘‘(2) LABEL.—The cautionary statement required
by paragraph (1) for a toy or game shall be as fol-
lows:
‘‘(b) BALLOONS, SMALL BALLS, AND MARBLES.—
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‘‘(1) REQUIREMENT.—In the case of any latex
balloon, any ball with a diameter of 1.75 inches or
less intended for children 3 years of age or older, any
marble intended for children 3 years of age or older,
or any toy or game which contains such a balloon,
ball, or marble, which is manufactured for sale, of-
fered for sale, or distributed in commerce in the
United States—
‘‘(A) the packaging of such balloon, ball,
marble, toy, or game,
‘‘(B) any descriptive material which accom-
panies such balloon, ball, marble, toy, or game,
and
‘‘(C) in the case of bulk sales of any such
product when unpackaged, any bin, container for
retail display, or vending machine from which
such unpackaged balloon, ball, marble, toy, or
game is dispensed,
shall bear or contain the cautionary statement de-
scribed in paragraph (2).
‘‘(2) LABEL.—The cautionary statement required
under paragraph (1) for a balloon, ball, marble, toy,
or game shall be as follows:
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‘‘(A) BALLOONS.—In the case of balloons, or
toys or games that contain latex balloons, the fol-
lowing cautionary statement applies:
‘‘(B) BALLS.—In the case of balls, the fol-
lowing cautionary statement applies:
‘‘(C) MARBLES.—In the case of marbles, the
following cautionary statement applies:
‘‘(D) TOYS AND GAMES.—In the case of toys
or games containing balls, the following caution-
ary statement applies:
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In the case of toys or games containing marbles,
the following cautionary statement applies:
‘‘(c) GENERAL LABELING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), any cautionary statement re-
quired under subsection (a) or (b) shall be—
‘‘(A) displayed in its entirety on the prin-
cipal display panel of the product’s package, and
on any descriptive material which accompanies
the product, and, in the case of bulk sales of such
product when unpackaged, on the bin, container
for retail display of the product, and any vend-
ing machine from which the unpackaged product
is dispensed, and
‘‘(B) displayed in the English language in
conspicuous and legible type in contrast by ty-
pography, layout, or color with other printed
matter on such package, descriptive materials,
bin, container, and vending machine, and in a
manner consistent with part 1500 of title 16,
Code of Federal Regulations (or successor regula-
tions thereto).
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‘‘(2) EXCEPTION FOR PRODUCTS MANUFACTURED
OUTSIDE UNITED STATES.—In the case of a product
manufactured outside the United States and directly
shipped from the manufacturer to the consumer by
United States mail or other delivery service, the ac-
companying material inside the package of the prod-
uct may fail to bear the required statement if other
accompanying material shipped with the product
bears such statement.
‘‘(3) SPECIAL RULES FOR CERTAIN PACKAGES.—
(A) A cautionary statement required by subsection (a)
or (b) may, in lieu of display on the principal dis-
play panel of the product’s package, be displayed on
another panel of the package if—
‘‘(i) the package has a principal display
panel of 15 square inches or less and the re-
quired statement is displayed in three or more
languages; and
‘‘(ii) the statement specified in subpara-
graph (B) is displayed on the principal display
panel and is accompanied by an arrow or other
indicator pointing toward the place on the pack-
age where the statement required by subsection
(a) or (b) appears.
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‘‘(B)(i) In the case of a product to which sub-
section (a), subsection (b)(2)(B), subsection (b)(2)(C),
or subsection (b)(2)(D) applies, the statement speci-
fied by this subparagraph is as follows:
‘‘(ii) In the case of a product to which subsection
(b)(2)(A) applies, the statement specified by this sub-
paragraph is as follows:
‘‘(d) TREATMENT AS MISBRANDED HAZARDOUS SUB-
STANCE.—A balloon, ball, marble, toy, or game, that is not
in compliance with the requirements of this subsection shall
be considered a misbranded hazardous substance under sec-
tion 2(p).’’.
(b) OTHER SMALL BALLS.—A small ball—
(1) intended for children under the age of 3
years of age, and
(2) with a diameter of 1.75 inches or less,
shall be considered a banned hazardous substance under sec-
tion 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
(c) REGULATIONS.—The Consumer Product Safety
Commission (hereinafter referred to as the ‘‘Commission’’)
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shall promulgate regulations, under section 553 of title 5,
United States Code, for the implementation of this section
and section 24 of the Federal Hazardous Substances Act
by July 1, 1994, or the date that is 6 months after the date
of enactment of this Act, whichever occurs first. Subsections
(f) through (i) of section 3 of the Federal Hazardous Sub-
stances Act (15 U.S.C. 1262) shall not apply with respect
to the issuance of regulations under this subsection.
(d) EFFECTIVE DATE; APPLICABILITY.—Subsections
(a) and (b) shall take effect January 1, 1995, and section
24 of the Federal Hazardous Substances Act shall apply
only to products entered into commerce on or after January
1, 1995.
(e) PREEMPTION.—
(1) IN GENERAL.—Subject to paragraph (2), a
State or political subdivision of a State may not es-
tablish or enforce a requirement relating to caution-
ary labeling of small parts hazards or choking haz-
ards in any toy, game, marble, small ball, or balloon
intended or suitable for use by children unless such
requirement is identical to a requirement established
by amendments made by this section to the Federal
Hazardous Substances Act or by regulations promul-
gated by the Commission.
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(2) EXCEPTION.—A State or political subdivi-
sion of a State may, until January 1, 1995, enforce
a requirement described in paragraph (1) if such re-
quirement was in effect on October 2, 1993.
SEC. 102. REPORTING REQUIREMENTS.
(a) REPORTS TO CONSUMER PRODUCT SAFETY COM-
MISSION.—
(1) REQUIREMENT TO REPORT.—Each manufac-
turer, distributor, retailer, and importer of a marble,
small ball, or latex balloon, or a toy or game that
contains a marble, small ball, latex balloon, or other
small part, shall report to the Commission any infor-
mation obtained by such manufacture, distributor, re-
tailer, or importer which reasonably supports the con-
clusion that—
(A) an incident occurred in which a child
(regardless of age) choked on such a marble,
small ball, or latex balloon or on a marble, small
ball, latex balloon, or other small part contained
in such toy or game; and
(B) as a result of that incident the child
died, suffered serious injury, ceased breathing for
any length of time, or was treated by a medical
professional.
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(2) TREATMENT UNDER CPSA.—For purposes of
section 19(a)(3) of the Consumer Product Safety Act
(15 U.S.C. 2068(a)(3)), the requirement to report in-
formation under this subsection is deemed to be a re-
quirement under such Act.
(3) EFFECT ON LIABILITY.—A report by a man-
ufacturer, distributor, retailer, or importer under
paragraph (1) shall not be interpreted, for any pur-
pose, as an admission of liability or of the truth of
the information contained in the report.
(b) CONFIDENTIALITY PROTECTIONS.—The confiden-
tiality protections of section 6(b) of the Consumer Product
Safety Act (15 U.S.C. 2055(b)) apply to any information
reported to the Commission under subsection (a) of this sec-
tion. For purposes of section 6(b)(5) of such Act, informa-
tion so reported shall be treated as information submitted
pursuant to section 15(b) of such Act respecting a consumer
product.
TITLE II—CHILDREN’S BICYCLE HELMET
SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Children’s Bicycle Hel-
met Safety Act of 1993’’.
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SEC. 202. STANDARDS.
(a) IN GENERAL.—Bicycle helmets manufactured 9
months or more after the date of the enactment of this Act
shall conform to—
(1) any interim standard described under sub-
section (b), pending the establishment of a final
standard pursuant to subsection (c); and
(2) the final standard, once it has been estab-
lished under subsection (c).
(b) INTERIM STANDARDS.—The interim standards are
as follows:
(1) The American National Standards Institute
standard designated as ‘‘Z90.4–1984’’.
(2) The Snell Memorial Foundation standard
designated as ‘‘B–90’’.
(3) The American Society for Testing and Mate-
rials (ASTM) standard designated as ‘‘F 1447’’.
(4) Any other standard that the Commission de-
termines is appropriate.
(c) FINAL STANDARD.—Not later than 60 days after
the date of the enactment of this Act, the Commission shall
begin a proceeding under section 553 of title 5, United
States Code, to—
(1) review the requirements of the interim stand-
ards set forth in subsection (a) and establish a final
standard based on such requirements;
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(2) include in the final standard a provision to
protect against the risk of helmets coming off the
heads of bicycle riders;
(3) include in the final standard provisions that
address the risk of injury to children; and
(4) include additional provisions as appropriate.
Sections 7, 9, and 30(d) of the Consumer Product Safety
Act (15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the
proceeding under this subsection and section 11 of such Act
(15 U.S.C. 2060) shall not apply with respect to any stand-
ard issued under such proceeding. The final standard shall
take effect 1 year from the date it is issued.
(d) FAILURE TO MEET STANDARDS.—
(1) FAILURE
TO
MEET
INTERIM
STANDARD.—
Until the final standard takes effect, a bicycle helmet
that does not conform to an interim standard as re-
quired under subsection (a)(1) shall be considered in
violation of a consumer product safety standard pro-
mulgated under the Consumer Product Safety Act.
(2) STATUS
OF
FINAL
STANDARD.—The final
standard developed under subsection (c) shall be con-
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sidered a consumer product safety standard promul-
gated under the Consumer Product Safety Act.
Attest:
Clerk.
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