Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to manufacture, sell, or otherwise place in the stream of commerce any full-size or nonfull-size crib which was made before 1999, does not conform to the standards of this Act, or has any missing, loose, or broken components.
Makes it unlawful for any hotel, motel, or similar lodging facility to offer or provide such a crib.
Considers to be a banned hazardous product under the Consumer Product Safety Act any crib which does not conform to specified regulations in the Code of Federal Regulations and standards of the American Society for Testing Materials, unless labeled as not intended to be used for, and dangerous to, an infant.
Requires the Consumer Product Safety Commission (CPSC) to begin a rulemaking to include the requirements of the American Society for Testing Materials standards and to address any hazards due to crib and play yard durability.
Requires the CPSC to promulgate a consumer product safety rule to require that cribs manufactured and introduced into interstate commerce contain a label warning consumers against the use of soft bedding.
Includes in the definition of commercial user any person who manufactures or sells cribs or, by his or her occupation holds himself or herself out as having knowledge or skill peculiar to cribs, including child care facilities and family child care homes. Excludes from that definition an individual who sells a used crib at a one-time private sale.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5692 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5692
To provide for infant crib safety, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2008
Mrs. Tauscher (for herself, Mr. Rogers of Michigan, Mr. Blumenauer, Ms.
DeLauro, Ms. Jackson-Lee of Texas, Mrs. Napolitano, Mr. Kildee, Mr.
Kucinich, and Mr. Towns) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for infant crib safety, 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 Crib Safety Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year about 12,400 children are injured in cribs
seriously enough to require emergency room treatment.
(4) Each year at least 43 children under the age of 4 die
from injuries sustained in cribs.
(5) The Consumer Product Safety Commission estimates that
the cost to society resulting from deaths due to cribs is at
least $150,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only an estimated one million to
two million new cribs sold. Many infants are placed in
secondhand, hand-me-down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting the contracting to sell, resell, lease,
sublease of unsafe cribs that are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it unlawful--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. REQUIREMENTS FOR CRIBS.
(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user to manufacture, sell, resell, lease, or otherwise place
in the stream of commerce, any full-size or nonfull-size crib that--
(1) was manufactured before 1999;
(2) does not conform to the safety standards described in
subsection (c); or
(3) has any missing, loose, or broken components.
(b) Provision of Cribs by Lodging Facilities.--It shall be unlawful
for any hotel, motel, or similar transient lodging facility to offer or
provide for use or otherwise place in the stream of commerce, on or
after the effective date of this Act, any full-size crib or nonfull-
size crib that--
(1) was manufactured before 1999;
(2) does not conform to the safety standards described in
subsection (c); or
(3) has any missing, loose, or broken components.
(c) Crib Safety Standards.--A full-size or nonfull-size crib that
is not in compliance with the following safety standards shall be
considered to be a banned hazardous product under section 8 of the
Consumer Product Safety Act (15 U.S.C. 2057):
(1) Part 1508 of title 16 of the Code of Federal
Regulations (requirements for full-size baby cribs).
(2) Part 1509 of title 16 of the Code of Federal
Regulations (requirements for nonfull-size baby cribs).
(3) American Society for Testing Materials F406-07 Standard
Consumer Safety Specification for Non-Full Size Baby Cribs/Play
Yards.
(4) American Society for Testing Materials F1169 Standard
Specification for Full-Size Baby Crib.
(5) American Society for Testing and Materials F966-00
Consumer Safety Specification for Full-Size and Non-Full Size
Baby Crib Corner Post Extensions.
(6) Part 1303 of title 16 of the Code of Federal
Regulations.
(7) Any amendments to the above regulations or standards or
any other regulations or standards that are adopted in order to
amend or supplement the regulations or standards described in
paragraphs (1) through (6).
The Consumer Product Safety Commission shall have the power to enforce
the provisions of this section in the same manner that the Commission
enforces rules declaring products to be banned hazardous products.
(d) Exception.--These requirements shall not apply to a full-size
crib or nonfull-size crib that is not intended for use by an infant,
including a toy or display item, if at the time it is manufactured,
made subject to a contract to sell or resell, leased, or otherwise
placed in the stream of commerce, as applicable, it is accompanied by a
notice to be furnished by each commercial user declaring that the crib
is not intended to be used for an infant and is dangerous to use for an
infant.
SEC. 4. DURABILITY TEST REQUIREMENTS FOR CRIBS.
Not later than 90 days after the date of enactment of this Act, the
Consumer Product Safety Commission shall begin a rulemaking to revise
parts 1508 and 1509 of title 16, Code of Federal Regulations, to--
(1) include the safety requirements specified in paragraphs
(3) through (5) of section 3(c), or any successor standards
thereto; and
(2) address any potential hazards due to durability
exhibited by cribs and play yards, taking into consideration--
(A) the Underwriters Laboratories standard UL-2275
for full-size baby cribs; and
(B) the standards set forth in the Cribs and Cradle
Regulations established by the Department of Justice of
Canada, issued September 11, 1986 (SOR/86-962).
SEC. 5. SOFT BEDDING WARNING LABELS.
Not later than 1 year after the date of enactment of this Act, the
Consumer Product Safety Commission shall promulgate a consumer product
safety rule pursuant to section 7 of the Consumer Product Safety Act
(15 U.S.C. 2056) to require that all cribs manufactured and introduced
into interstate commerce contain a warning label affixed to the crib in
a conspicuous location warning consumers against the use of soft
bedding for infants placed in the crib, including bumper pads, quilts,
blankets, pillows, and sleep positioners.
SEC. 6. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Commercial user.--
(A) The term ``commercial user'' means--
(i) any person who manufactures, sells, or
contracts to sell full-size cribs or nonfull-
size cribs; or
(ii) any person who--
(I) deals in full-size or nonfull-
size cribs that are not new or who
otherwise by one's occupation holds
oneself out as having knowledge or
skill peculiar to full-size cribs or
nonfull-size cribs, including child
care facilities and family child care
homes; or
(II) is in the business of
contracting to sell or resell, lease,
sublet, or otherwise placing in the
stream of commerce full-size cribs or
nonfull-size cribs that are not new.
(B) The term ``commercial user'' does not mean an
individual who sells a used crib at a one-time private
sale.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16 of
the Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16 of the Code of Federal Regulations (including a
portable crib and a crib-pen described in paragraph (2) of
subsection (b) of that section).
(6) Sleep positioner.--The term ``sleep positioner'' means
any wedge, roll, prop, or pillow designed to encourage one
position during sleep.
SEC. 7. EFFECTIVE DATE.
The requirements of section 3 of this Act shall be effective 1 year
after the date of enactment of this Act
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Sponsor introductory remarks on measure. (CR H505-506)
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
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