To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard under section 7(a) of the Consumer Product Safety Act for each durable infant or toddler product, and for other purposes.

November 13, 2001

Ms. SCHAKOWSKY (for herself, Ms. PELOSI, Mr. RUSH, Mr. BLAGOJEVICH, Ms. BROWN of Florida, Mr. PAYNE, Ms. LEE, Ms. NORTON, Ms. KILPATRICK, Mrs. CHRISTENSEN, Mr. JACKSON of Illinois, Mr. HINCHEY, Ms. DELAURO, Mrs. MINK of Hawaii, Mr. LIPINSKI, Mr. MORAN of Virginia, Mr. EVANS, and Mrs. CLAYTON) introduced the following bill; which was referred to the Committee on Energy and Commerce

To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard under section 7(a) of the Consumer Product Safety Act for each durable infant or toddler product, and for other purposes.

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 `Infant and Toddler Durable Product Safety Act'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 233 are treated by emergency departments for such injuries that are nonfatal.

(2) According to the Consumer Product Safety Commission, an average of 87 children under the age of 5 die each year in incidents associated with nursery products, and about 35 of these deaths each year are associated with cribs.

(3) In 1999, an estimated 65,400 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 8,800 injuries to children under the age of 15 months associated with baby walkers alone.

(4) More than 56,000,000 units of children's products were recalled in 1999, and almost 37,000,000 children's products were recalled in 2000, but not enough of these recalls reached the consumer.

SEC. 3. PURPOSE.

The purpose of this Act is to prevent dangerous children's products from getting to the market, by requiring independent testing of all durable infant and toddler products before they enter commerce.

SEC. 4. DEFINITIONS.

In this Act:

(1) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.

(2) DURABLE INFANT OR TODDLER PRODUCT- The term `durable infant or toddler product'--

(A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and

(B) includes--

(i) full-size cribs and nonfull-size cribs;

(ii) toddler beds;

(iii) car seats;

(iv) high chairs, booster chairs, and hook-on chair;

(v) bath seats;

(vi) gates and other enclosures for confining a child;

(vii) play yards;

(viii) stationary activity centers;

(ix) child carriers;

(x) strollers;

(xi) walkers;

(xii) swings; and

(xiii) bassinets and cradles.

(3) PANEL- The term `Panel' means the Infant and Toddler Product Review Panel established under section 7.

SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND TODDLER PRODUCTS.

(a) IN GENERAL- The Consumer Products Safety Commission shall, in accordance with this section and section 553 of title 5, United States Code, promulgate a consumer product safety standard

under section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056) for each durable infant or toddler product.

(b) SCHEDULE- The Commission shall promulgate consumer product safety standards under this section--

(1) for at least 5 durable infant or toddler products each calendar year beginning after the date of the enactment of this Act, through 2005; and

(2) for all durable infant or toddler products by not later than December 31, 2005.

(c) CONSULTATION WITH PANEL- The Commission shall promulgate any consumer product safety standard under this section for a durable infant or toddler product--

(1) in consultation with the Panel; and

(2) after considering the results of a review by such panel of any existing guidelines for that product.

SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION.

(a) IN GENERAL- The Commission shall by rule--

(1) require that testing and certification required under section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for a durable infant or toddler product shall be performed by an independent third party; and

(2) require the use, and prescribe the form and content, of a label under section 14(c) for such products for which such a certificate is issued, including a seal prescribed under subsection (b).

(b) CONSULTATION WITH PANEL- The Commission shall delegate to the Panel the authority to prescribe a seal that shall be used, under the labeling requirements under subsection (a)(2), for infant or toddler products that are certified pursuant to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable consumer product safety standards promulgated under this Act.

SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL.

(a) ESTABLISHMENT- The Commission shall establish an Infant and Toddler Product Review Panel to advise the Commission regarding the implementation of this Act.

(b) FUNCTIONS- The Panel shall--

(1) review and report to the Commission regarding the existing guidelines for durable infant or toddler products; and

(2) advise the Commission regarding the promulgation of consumer product safety standards under this Act.

(c) MEMBERSHIP-

(1) IN GENERAL- The Panel shall be comprised of--

(A) representatives of--

(i) the juvenile product manufacturers industry;

(ii) consumer groups; and

(iii) independent child product engineers and experts; and

(B) Consumer Product Safety Commission engineers.

(2) LIMITATION- Representatives under paragraph (1)(A)(i) shall not exceed 40 percent of the membership of the Panel.

SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT.

(a) REMOVAL OF LIMITATION ON MAXIMUM CIVIL PENALTY- Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended--

(1) in the second sentence by striking `Subject to paragraph (2),' and inserting `Subject to paragraphs (2) and (3),'; and

(2) by adding at the end the following:

`(4) The second sentence of paragraph (1) shall not apply to any violation with respect to a durable infant or toddler product.'.

(b) REQUIREMENTS REGARDING DISCLOSURE OF INFORMATION NOT APPLICABLE- Section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) is amended by adding at the end the following:

`(9) This subsection shall not apply with respect to any durable infant or toddler product.'.

(c) DEFINITION OF DURABLE INFANT OR TODDLER PRODUCT- Section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by adding at the end the following:

`(15) The term `durable infant or toddler product' has the meaning that term has in the Infant and Toddler Product Safety Act.'.

END