Child Safety Protection Act
PL 103-267 (H.R.965), enacted 06/16/1994

108 STAT. 722 
PUBLIC LAW 103-267—JUNE 16, 1994 
Public Law 103-267 
103d Congress 
An Act 
' 
To provide for toy safety and for other purposes. 
[H.R. 965] 
Be it enacted by the Senate and House of Representatives 
of 
Child Safety 
the United States of America in Congress assembled, 
Protection Act. 
15 u s e 1261 
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: 
15 u s e 1278. 
"SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES. 
"(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 determine, which may not be less 
than 5 years old), any descriptive 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 display, 
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 Commis-
sion. 
"(2) LABEL.—The cautionary statement required by para-
graph (1) for a toy or game shall be as follows: 
"A WARNING: 
CHOKING HAZARD-«maU parts. 
Not for children under 3 yrs, 
"(b) BALLOONS, SMALL BALLS, AND MARBLES.— 
PUBLIC LAW 103-267—JUNE 16, 1994 
108 STAT. 723 
"(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, offered for sale, or distributed in commerce in the United 
States-r 
"(A) the packaging of such balloon, ball, marble, toy, 
or game, 
"(B) any descriptive material which accompanies 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 described in 
paragraph (2). 
"(2) LABEL.—The cautionary statement required under 
paragraph (1) for a balloon, ball, marble, toy, or game shall 
be as follows: 
"(A) BALLOONS.—In the case of balloons, or toys or 
games that contain latex balloons, the following cautionary 
statement applies: 
"A WARNING: 
CHOKING HAZARIX—ChUdren under 8 yrs. can 
choke or suffocate on uninflated or broken baUoons. 
Adult supervision required 
Keep uninflated balloons 
firom 
children. 
Discard broken balloons at once. 
"(B) BALLS.—In the case of balls, the following caution-
ary statement applies: 
"A WARNING: 
CHOKING HAZARD—This toy is a small ball. 
Not for children under 3 yrs. 
"(C) MARBLES.—In the case of marbles, the following 
cautionary statement applies: 
79-194 O—95—25 : QL 3 Part 1 
108 STAT. 724 
PUBLIC LAW 103-267—JUNE 16, 1994 
"A WARNING: 
CHOKING HAZARD—This toy is a maible. 
Not for children under 3 yrs. 
"(D) TOYS AND GAMES.—In the case of toys or games 
containing balls, the following 
cautionary 
statement 
applies: 
"A WARNING: 
CHOKING HAZARD—Toy contains a small baU. 
Not for children under 3 yrs. 
In the case of toys or games containing marbles, the follow-
ing cautionary statement applies: 
••A WARNING: 
CHOKING HAZARD—Toy contains a marble. 
Not for children imder 3 yrs. 
"(c) GENERAL LABELING REQUIREMENTS.— 
"(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), any cautionary statement required under subsection 
(a) or (b) shall be— 
"(A) displayed in its entirety on the principal 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 
vending machine from which the unpackaged product is 
dispensed, and 
"(B) displayed in the English language in conspicuous 
and legible type in contrast by typography, 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 regulations thereto). 
"(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 accompanying material inside the package of the product 
PUBLIC LAW 103-267—JUNE 16, 1994 
108 STAT. 725 
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 caution-
ary statement required by subsection (a) or (b) may, in lieu 
of display on the principal display panel of the product's pack-
age, 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 required statement is dis-
played in three or more languages; and 
"(ii) the statement specified in subparagraph (B) is 
displayed on the principal display panel and is accompanied 
by an arrow or other indicator pointing toward the place 
on the package where the statement required by subsection 
(a) or (b) appears. 
"(B)(i) In the case of a product to which subsection (a), 
subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D) 
applies, the statement specified by this subparagraph is as 
follows: 
"A SAFETY WARNING 
"(ii) In the case of a product to which subsection (b)(2)(A) 
applies, the statement specified by this subparagraph is as 
follows: 
••A 
WARNING—CHOKING HAZARD 
"(d) TREATMENT AS MISBRANDED HAZARDOUS SUBSTANCE.—A 
balloon, ball, marble, toy, or game, that is not in compliance with 
the requirements of this subsection shall be considered a mis-
branded hazardous substance under section 2(p).". 
(b) OTHER SMALL BALLS.—A small ball— 
is use i26i 
(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 section 
2(q) of the Federal Hazardous Substances Act (15 U.S.C. 126l(q)). 
(c) REGULATIONS.—The Consumer Product Safety Commission 
15 use 1278 
(hereinafter referred to as the "Commission") shall promulgate regu- ^°^^-
lations, under section 553 of title 5, United States Code, for the 
implementation of this section and section 24 of the Federal Hazard-
ous 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 
Substances Act (15 tj.S.C. 1262) shall not apply with respect to 
the issuance of regulations under this subsection. 
(d) EFFECTIVE DATE; APPLICABILITY.—Subsections (a) and (b) 
is use 1278 
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.— 
is use i278 
note. 
108 STAT. 726 
PUBLIC LAW 103-267—JUNE 16, 1994 
(1) IN GENERAL.—Subject to paragraph (2), a State or politi-
cal subdivision of a State may not establish or enforce a require-
ment relating to cautionary labeling of small parts hazards 
or choking hazards 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 amend-
ments made by this section to the Federal Hazardous Sub-
stances Act or by regulations promulgated by the Commission. 
(2) EXCEPTION.—^A State or political subdivision of a State 
may, until January 1, 1995, enforce a requirement described 
in paragraph (1) if such requirement was in effect on October 
2, 1993. 
15 u s e 2064 
SEC. 102. REPORTING REQUIREMENTS. 
"°*^' 
(a) REPORTS TO CONSUMER PRODUCT SAFETY COMMISSION.— 
(1) 
REQUIREMENT 
TO 
REPORT.—Each 
manufacturer, 
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 information obtained by such manufacturer, 
distributor, retailer, or importer which reasonably supports the 
conclusion 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. 
(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 information under this 
subsection is deemed to be a requirement under such Act. 
(3) EFFECT ON LIABILITY.—^A report by a manufacturer, 
distributor, retailer, or importer under paragraph (1) shall not 
be interpreted, for any purpose, as an admission of liability 
or of the truth of the information contained in the report. 
(b) CONFIDENTIALITY PROTECTIONS.—^The confidentiality protec-
tions 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 section. For purposes of section 6(b)(5) of 
such Act, information so reported shall be treated as information 
submitted pursuant to section 15(b) of such Act respecting a 
consumer product. 
mcyci:"' 
TITLE II—CHILDREN'S BICYCLE 
He[-f^safety 
HELMET SAFETY 
15 u s e 6001 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Children's Bicycle Helmet Safety 
Act of 1994". 
15 u s e 6001. 
SEC. 202. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—^The Administrator of the National Highway 
Traffic Safety Administration may, in accordance with section 203, 
make grants to States, political subdivisions of States, and nonprofit 
PUBLIC LAW 103-267—JUNE 16, 1994 
108 STAT. 727 
organizations for programs that require or encourage individuals 
under the age of 16 to wear approved bicycle helmets. In making 
those grants, the Administrator shall allow grantees to use wide 
discretion in designing programs that effectively promote increased 
bicycle helmet use. 
(b) FEDERAL SHARE.—The amount provided by a grant under 
this section shall not exceed 80 percent of the cost of the program 
for which the grant is made. In crediting the recipient State, politi-
cal subdivision, or nonprofit organization for the non-Federal share 
of the cost of such a program (other than planning and administra-
tion), the aggregate of all expenditures made by such State, political 
subdivision, or nonprofit organization (exclusive of Federal funds) 
for the purposes described in section 203 (other than expenditures 
for planning and administration) shall be available for such credit-
ing, without regard to whether such expenditures were actually 
made in connection with such program. 
SEC. 203. PURPOSES FOR GRANTS. 
15 USC 6002. 
A grant made under section 202 may be used by a grantee 
to— 
(1) enforce a law that requires individuals under the age 
of 16 to wear approved bicycle helmets on their heads while 
riding on bicycles; 
(2) provide assistance, to individuals under the age of 16 
who may not be able to afford approved bicycle helmets, to 
enable such individuals to acquire such helmets; 
(3) develop and administer a program to educate individ-
uals under the age of 16 and their families on the importance 
of wearing such helmets in order to improve bicycle safety; 
or 
(4) carry out any combination of the activities described 
in paragraphs (1), (2), and (3). 
The Administrator shall review grant applications for compliance 
with this section prior to awarding grants. 
SEC. 204. REPORT TO CONGRESS. 
15 USC 6003. 
Not later than May 1, 1997, the Administrator of the National 
Highway Traffic Safety Administration shall report to Congress 
on the effectiveness of the grant program established by section 
202. The report shall include a list of grant recipients, a summary 
of the types of programs implemented by the grantees, and any 
recommendation by the Administrator regarding how the program 
should be changed in the future. 
SEC. 205. STANDARDS. 
15 USC 6004. 
(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 subsection (b), 
pending the establishment of a final standard pursuant to 
subsection (c); and 
(2) the final standard, once it has been established 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". 
108 STAT. 728 
PUBLIC LAW 103-267—JUNE 16, 1994 
(3) The American Society for Testing and Materials (ASTM) 
standard designated as "F 1447". 
(4) Any other standard that the Commission determines 
is appropriate. 
(c) FINAL STANDARD.—^Not later than 60 days after the date 
of the enactment of this Act, the Commission shall begin a proceed-
ing under section 553 of title 5, United States Code, to— 
(1) review the requirements of the interim standards set 
forth in subsection (a) and establish a final standard based 
on such requirements; 
(2) include in the final standard a provision to protect 
against the risk of helmets coining 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 standard issued under such proceed-
Effective date. 
ing. 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 required under subsection (a)(1) 
shall be considered in violation of a consumer product safety 
standard promulgated under the Consumer Product Safety Act. 
(2) STATUS OF FINAL STANDARD.—The final standard devel-
oped under subsection (c) shall be considered a consumer prod-
uct safety standard promulgated under the Consumer Product 
Safety Act. 
15 u s e 6005. 
SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 
For the National Highway Traffic Safety Administration to 
carry out the grant program authorized by this title, there are 
authorized to be appropriated $2,000,000 for fiscal year 1995, 
$3,000,000 for fiscal year 1996, and $4,000,000 for fiscal year 1997. 
15 use 6006. 
SEC. 207. DEFINITION. 
In this title, the term "approved bicycle helmet" means a bicycle 
helmet that meets— 
(1) any interim standard described in section 205(b), pend-
ing establishment of a final standard under section 205(c); 
and 
PUBLIC LAW 103-267--JUNE 16, 1994 
108 STAT. 729 
(2) the final standard, once it is established under section 
205(c). 
Approved June 16, 1994. 
LEGISLATIVE HISTORY—H.R. 965 (S. 680): 
HOUSE REPORTS: Nos. 103-29 (Comm. on Energy and Commerce) and 103-500 
(Comm. of Conference). 
SENATE REPORTS: No. 103-195 accompanying S. 680 (Comm. on Commerce, Science 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Mar. 16, considered and passed House. 
Nov. 20, considered and passed Senate, amended, in lieu of 
S. 680. 
Vol. 140 (1994): Mar. 9, House concurred in Senate amendment with an 
amendment. 
May 23, House agreed to conference report. 
May 25, Senate agreed to conference report.