[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 965 Enrolled Bill (ENR)]
<DOC>
H.R.965
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To provide for toy safety and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

fdc026833a99b4dc0401a7dcfa5f4beec34a5393e0ac5d0ef07486fc1f5d024c

This Act may be cited as the ``Child Safety Protection Act''.

d5148cb6d024037fa6b560214e296f8191e825e7fa67e6525eaff4947658a192

(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.--
``(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 Commission.
``(2) Label.--The cautionary statement required by paragraph
(1) for a toy or game shall be as follows:
<GRAPHIC><TIFF>TB11MY94.09a
``(b) Balloons, Small Balls, and Marbles.--
``(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--
``(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:
<GRAPHIC><TIF1>TB11MY94.10a
``(B) Balls.--In the case of balls, the following
cautionary statement applies:
<GRAPHIC><TIF2>TB11MY94.11a
``(C) Marbles.--In the case of marbles, the following
cautionary statement applies:
<GRAPHIC><TIF3>TB11MY94.12a
``(D) Toys and games.--In the case of toys or games
containing balls, the following cautionary statement applies:
<GRAPHIC><TIF4>TB11MY94.13a
In the case of toys or games containing marbles, the following
cautionary statement applies:
<GRAPHIC><TIF5>TB11MY94.14a
``(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 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 display 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 required statement is displayed
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:
<GRAPHIC><TIF6>TB11MY94.15a
``(ii) In the case of a product to which subsection (b)(2)(A)
applies, the statement specified by this subparagraph is as
follows:
<GRAPHIC><TIF7>TB11MY94.16a
``(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 misbranded
hazardous substance under section 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 section 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'') 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 Substances 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 establish or enforce a requirement
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 amendments made by this
section to the Federal Hazardous Substances 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.

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TITLE I

-TOY LABELING 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 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 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.

3861abbe0ebc1434f18efa1e2beff9b85bb747756c62be5d6520576bc5cc1c51

This title may be cited as the ``Children's Bicycle Helmet Safety
Act of 1994''.

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TITLE II

-CHILDREN'S BICYCLE HELMET SAFETY

(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
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, political
subdivision, or nonprofit organization for the non-Federal share of the
cost of such a program (other than planning and administration), 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 crediting,
without regard to whether such expenditures were actually made in
connection with such program.

7737a48071b0f8109d40339c430a59733ef31e8c6e0ae81a78e96034a2b3eb69

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 individuals
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.

2279405b741cb00422df14f7237e92e9f19279b9778aa72a285e1d6fa1332f2a

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.

54a8896e7dacb71ad10fd3c93ae45d6036735ddd400986271438a0fe621a328e

(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''.
(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 proceeding 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 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 standard 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 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 developed
under subsection (c) shall be considered a consumer product safety
standard promulgated under the Consumer Product Safety Act.

e76ac713ee7825e158ef8f2466f46e370e59e28068edec47f8d0f4d4aa104a7c

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.

6be0bfc73135f2cb8b4b004cc3fcd7521974bb53c8fef08f608e16d2d302f37d

In this title, the term ``approved bicycle helmet'' means a bicycle
helmet that meets--
(1) any interim standard described in section 205(b), pending
establishment of a final standard under section 205(c); and
(2) the final standard, once it is established under section
205(c).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

8d74567ad91918c1eb0f800f4aff7534710180295704d9d993f66ebb2951d86a

Child Safety Protection Act

Other Sections

TITLE I

TITLE II

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