Children's Sports Athletic Equipment Safety Act

Bill: 112-s-601
Sponsor: Sen. Udall, Tom [D-NM]
Introduced: 2011-03-16 in the Senate
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Child health
Child safety and welfare
Consumer Product Safety Commission
Federal Trade Commission (FTC)
Fraud offenses and financial crimes
Marketing and advertising
Product safety and quality
School athletics

Summary:
action_date: 2011-03-16
text: 
Children's Sports Athletic Equipment Safety Act - Directs the Consumer Product Safety Commission (CPSC) to determine with respect to standards submitted by a voluntary standards-setting organization regarding youth football helmets, reconditioned helmets. and new helmet concussion resistance: (1) whether it is likely that there will be substantial compliance with the standards, (2) whether compliance with such standards is likely to result in the elimination or adequate reduction of the risk of injury, and (3) whether the standards are maintained by a standards-setting organization that meets American National Standards Institute requirements.
 
Directs the CPSC: (1) unless such determinations are affirmative, to initiate a rulemaking proceeding for a consumer product safety rule regarding standards for youth football helmets, reconditioned football helmets, new football helmet concussion resistance, football helmet warning labels, and date of manufacture or reconditioning labels for new or reconditioned football helmets; (2) to assess the effectiveness of any voluntary consumer product safety standards for such helmets and concussion resistance proposed by a voluntary standards-setting organization; (3) to promulgate standards that are substantially the same as such voluntary standards or standards that are more stringent if the more stringent standards would further reduce the risk of injury; and (4) to periodically review and revise the standards set forth in the rule to ensure that they provide the highest feasible level of safety.
 
Applies third-party testing and certification requirements of the Consumer Product Safety Act to any youth football helmet to which any rule prescribed under this Act applies as if the helmet were subject to a children's product safety rule, without regard to the age of the individual for whom it is primarily designed or intended. Provides that for the exclusive purpose of applying the definition of the term &quot;children's product&quot; under such requirements the term shall mean a consumer product designed or intended primarily for children 18 years of age or younger.
 
Prohibits the sale in interstate commerce, or the importation into the United States for the purpose of selling, of any item of equipment intended for use by an individual engaged in any athletic sporting activity for which the seller or importer makes any false or misleading claim regarding the safety benefits of such item. Provides for enforcement of such prohibition by the Federal Trade Commission and by state attorneys general.


Legislative actions:
action_date: 2011-03-16
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1755-1757)
action_date: 2011-03-16
text: Sponsor introductory remarks on measure. (CR S1754-1755)
action_date: 2011-03-16
text: Introduced in Senate