Children's Gasoline Burn Prevention Act

(This measure has not been amended since it was passed by the House on October 9, 2007. The summary of that version is repeated here.)

Children's Gasoline Burn Prevention Act - Requires each portable gasoline container manufactured for sale in the United States and intended for use by consumers to conform to a specified child-resistance standard issued by ASTM International. Considers that requirement to be a consumer product safety rule issued by the Consumer Product Safety Commission (CPSC) under the Consumer Product Safety Act.

Requires the CPSC to report to specified congressional committees on the degree of industry compliance, related enforcement actions, and incidents involving children interacting with portable gasoline containers (including both those that are and are not in compliance with the standard).

[110th Congress Public Law 278]
[From the U.S. Government Publishing Office]


[DOCID: f:publ278.110]

[[Page 122 STAT. 2602]]

Public Law 110-278
110th Congress

                                 An Act


 
 To require the Consumer Product Safety Commission to issue regulations 
      mandating child-resistant closures on all portable gasoline 
           containers. <<NOTE: July 17, 2008 -  [H.R. 814]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Children's Gasoline Burn 
Prevention Act. 15 USC 2056 note.>> 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 Rule.--The provision of subsection (b) 
shall be considered to be a consumer product safety rule issued by the 
Consumer Product Safety Commission under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058).
    (b) Requirements.--Effective <<NOTE: Effective date.>> 6 months 
after the date of enactment of this Act, each portable gasoline 
container manufactured on or after that date for sale in the United 
States shall conform to the child-resistance requirements for closures 
on portable gasoline containers specified in the standard ASTM F2517-05, 
issued by ASTM International.

    (c) Definition.--As used in this Act, the term ``portable gasoline 
container'' means any portable gasoline container intended for use by 
consumers.
    (d) Revision of Rule.--If, <<NOTE: Notification. Deadline.>> after 
the enactment of this Act, ASTM International proposes to revise the 
child resistance requirements of ASTM F2517-05, ASTM International shall 
notify the Consumer Product Safety Commission of the proposed revision 
and the proposed revision shall be incorporated in the consumer product 
safety rule under subsection (a) unless, within 60 days of such notice, 
the Commission notifies ASTM International that the Commission has 
determined that such revision does not carry out the purposes of 
subsection (b).

    (e) Implementing Regulations.--Section <<NOTE: Applicability.>> 553 
of title 5, United States Code, shall apply with respect to the issuance 
of any regulations by the Consumer Product Safety Commission to 
implement the requirements of this section, and sections 7 and 9 of the 
Consumer Product Safety Act shall not apply to such issuance.

    (f) 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);

[[Page 122 STAT. 2603]]

            (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)).

    Approved July 17, 2008.

LEGISLATIVE HISTORY--H.R. 814:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-367 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Oct. 9, considered and passed House.
                                                        Vol. 154 (2008):
                                    June 16, considered and passed 
                                        Senate.

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