Children's Safe Sleepwear and Burn Prevention Act of 2002

Children's Safe Sleepwear and Burn Prevention Act of 2002 - Prohibits the Consumer Product Safety Commission from enforcing or enacting a flammability standard for infants' and children's sleepwear that: (1) exempts certain garments (including diapers); or (2) includes as part of any definition of children's sleepwear a standard based on the intent of the manufacturer or retailer.

Instructs the Commission to provide a functional definition of children's sleepwear for ages 0 through seven years, including certain children's clothing used with some regularity as sleepwear.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2188 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2188

    To require the Consumer Product Safety Commission to amend its 
  flammability standards for children's sleepwear under the Flammable 
                              Fabrics Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2002

 Mr. Breaux (for himself and Mr. Burns) 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 amend its 
  flammability standards for children's sleepwear under the Flammable 
                              Fabrics Act.

    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 Safe Sleepwear and Burn 
Prevention Act of 2002''.

SEC. 2. AMENDMENTS TO CHILDREN'S SLEEPWEAR FLAMMABILITY REGULATIONS.

    (a) In General.--The Consumer Product Safety Commission (in this 
Act referred to as the ``Commission'') shall, with respect to the 
Commission's flammability standards for children's sleepwear sizes 0 
through 14, promulgated pursuant to the Flammable Fabrics Act (15 
U.S.C. 1191 et seq.; parts 1615 and 1616 of title 16, Code of Federal 
Regulations)--
            (1) not enforce or enact a standard with respect to 
        children's sleepwear that--
                    (A) exempts--
                            (i) diapers and underwear (including 
                        disposable diapers and underwear);
                            (ii) infant garments sizes 0 through 6X, 
                        infant garments sizes 9 months or smaller, or 
                        other garments described in part 1615.1(c) of 
                        title 16, Code of Federal Regulations; or
                            (iii) tight-fitting garments; or
                    (B) includes as a part of any definition of 
                children's sleepwear (or of any item of such sleepwear) 
                a standard based on the intent of the manufacturer or 
                retailer; and
            (2) provide a functional definition of children's sleepwear 
        for ages 0 through 7 years (encompassing, at a minimum, infant 
        and children's garment sizes 2 through 6X, as such sizes are 
        defined by the Department of Commerce Voluntary Product 
        Standard (previously identified as Commercial Standard CS151-50 
        ``Body Measurements for the Sizing of Apparel for Infants, 
        Babies, Toddlers, and Children'')), including children's 
        clothing used with some regularity as sleepwear, such as--
                    (A) ``togs'';
                    (B) ``onesies'';
                    (C) body suits with snaps at the bottom for easy 
                access to a diaper;
                    (D) all-in-one ``bunny'' suits with enclosed feet; 
                and
                    (E) any garments sized for children ages 0 through 
                7 years with cartoon characters or symbols that the 
                Commission finds are particularly attractive to young 
                children.
    (b) Rulemaking.--Notwithstanding any other provision of law, not 
later than 180 days after the date of enactment of this Act, the 
Commission shall promulgate regulations with respect to the 
flammability of children's sleepwear consistent with the provisions of 
this Act.
    (c) Effective Date.--Sleepwear manufactured or imported on or 
before the effective date of the regulations promulgated by the 
Commission under subsection (b) shall not be treated as being in 
violation of the Flammable Fabrics Act or such regulations if the 
sleepwear complied with the rules of the Commission in effect at the 
time the sleepwear was manufactured or imported.
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