109th CONGRESS
2d Session

S. 3458

To require the Consumer Product Safety Commission to issue regulations mandating child-resistant closures on all portable gasoline containers.

IN THE SENATE OF THE UNITED STATES

June 7, 2006

Mr. BAYH (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To require the Consumer Product Safety Commission to issue regulations mandating child-resistant closures on all portable gasoline containers.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Children's Gasoline Burn Prevention Act'.

SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

    (a) Consumer Product Safety Standard- Within 180 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, as final consumer product safety standards under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), child-resistance standards for closures on all portable gasoline containers. Such standards shall be substantially the same as the standard ASTM F2517-05, issued by ASTM International, or any successor standard issued by ASTM International.

    (b) Application of Certain Promulgation Requirements- The requirements of subsections (a) through (f) of section 9 of the Consumer Product Safety Act (15 U.S.C. 2058(a) through (f)) shall not apply to the consumer product safety standards required by subsection (a) of this section.

    (c) Definition- As used in this Act, the term `portable gasoline container' means a portable gasoline container intended for use by consumers.

    (d) Effective Date- The consumer product safety standard required by subsection (a) shall take effect on the date that is 6 months after the date on which such standard shall be promulgated.

    (e) Report- Not later than 2 years after the date of enactment of this Act, the Consumer Product Safety Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on--

      (1) the degree of industry compliance with the standard promulgated under subsection (a);

      (2) any enforcement actions brought by the Commission to enforce such standard; and

      (3) incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the standard promulgated under subsection (a)).

END