15 U.S.C. § 2056e — Consumer product safety standard for

Page 1722 TITLE 15—COMMERCE AND TRADE § 2056e this subsection shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (7) Action required (A) Education campaign Not later than 1 year after December 27, 2020, the Commission shall undertake a cam- paign to educate consumers about the dan- gers associated with using or storing port- able fuel containers for flammable liquids near an open flame or any other source of ig- nition. (B) Summary of actions Not later than 2 years after December 27, 2020, the Commission shall submit to Con- gress a summary of actions taken by the Commission in such campaign. (8) Portable fuel container defined In this section, the term ‘‘portable fuel con- tainer’’ means any container or vessel (includ- ing any spout, cap, and other closure mecha- nism or component of such container or vessel or any retrofit or aftermarket spout or compo- nent intended or reasonably anticipated to be for use with such container)— (A) intended for flammable liquid fuels with a flash point less than 140 degrees Fahr- enheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; (B) that is a consumer product with a ca- pacity of 5 gallons or less; and (C) that the manufacturer knows or rea- sonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. (9) Rule of construction This section may not be interpreted to con- flict with the Children’s Gasoline Burn Pre- vention Act (Public Law 110–278; 122 Stat. 2602). (c) Children’s Gasoline Burn Prevention Act (1) Omitted (2) Applicability The amendment made by paragraph (1) shall take effect 6 months after December 27, 2020. (Pub. L. 116–260, div. FF, title IX, § 901, Dec. 27, 2020, 134 Stat. 3204.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (b)(1), (3)(A), (8), and (9), was in the original ‘‘this Act’’, which was translated as reading ‘‘this section’’, meaning section 901 of Pub. L. 116–260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3204, to reflect the probable intent of Congress. The Children’s Gasoline Burn Prevention Act, re- ferred to in subsecs. (b)(9) and (c), is Pub. L. 110–278, July 17, 2008, 122 Stat. 2602, which is set out as a note under section 2056 of this title. CODIFICATION Section was enacted as the Portable Fuel Container Safety Act of 2020, and not as part of the Consumer Product Safety Act which comprises this chapter. Section is comprised of section 901 of div. FF of Pub. L. 116–260. Subsec. (c)(1) of section 901 of div. FF of Pub. L. 116–260 amended section 2 of Pub. L. 110–278, which is set out in a note under section 2056 of this title. § 2056e. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries (a) In general Not later than 1 year after August 16, 2022, the Commission shall, in accordance with section 553 of title 5, promulgate a final consumer prod- uct safety standard for button cell or coin bat- teries and consumer products containing button cell or coin batteries that shall only contain— (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery in- gestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) warning label requirements— (A) to be included on the packaging of but- ton cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a con- sumer product containing button cell or coin batteries; and (C) to be included, as practicable— (i) directly on a consumer product con- taining button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or (ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions. (b) Requirements for warning labels Warning labels required under subsection (a)(2) shall— (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical atten- tion if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of standard for enforcement pur- poses A consumer product safety standard promul- gated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (d) Exception for reliance on voluntary standard (1) Before promulgation of standard by Com- mission Subsection (a) shall not apply if the Com- mission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that— Page 1723 TITLE 15—COMMERCE AND TRADE § 2056e (A) with respect to any consumer product for which there is a voluntary consumer product safety standard that meets the re- quirements for a standard promulgated under subsection (a) with respect to such product; and (B) the voluntary standard described in subparagraph (A)— (i) is in effect at the time of the deter- mination by the Commission; or (ii) will be in effect not later than the date that is 180 days after August 16, 2022. (2) Determination required to be published in Federal Register Any determination made by the Commission under this subsection shall be published in the Federal Register. (e) Treatment of voluntary standard for enforce- ment purposes (1) In general If the Commission makes a determination under subsection (d) with respect to a vol- untary standard, the requirements of such vol- untary standard shall be treated as a con- sumer product safety rule promulgated under section 2058 of this title beginning on the date described in paragraph (2). (2) Date described The date described in this paragraph is the later of— (A) the date of the determination of the Commission under subsection (d) with re- spect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the vol- untary standard described in paragraph (1). (f) Revision of voluntary standard (1) Notice to Commission If a voluntary standard with respect to which the Commission has made a determina- tion under subsection (d) is subsequently re- vised, the organization that revised the stand- ard shall notify the Commission after the final approval of the revision. (2) Effective date of revision Beginning on the date that is 180 days after the Commission is notified of a revised vol- untary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard in whole or in part shall be considered to be a consumer product safety rule promulgated under section 2058 of this title, in place of the prior version, unless, within 90 days after re- ceiving the notice, the Commission notifies the organization that the revised voluntary standard, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is re- taining all or part of the existing consumer product safety standard. (g) Future rulemaking At any time after the promulgation of a final consumer product safety standard under sub- section (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes en- forceable as a consumer product safety rule under subsection (f), the Commission may ini- tiate a rulemaking in accordance with section 553 of title 5 to modify the requirements of the standard or revised standard. Any rule promul- gated under this subsection shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (Pub. L. 117–171, § 2, Aug. 16, 2022, 136 Stat. 2094.) Editorial Notes CODIFICATION Section was enacted as part of Reese’s Law, and not as part of the Consumer Product Safety Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHILD-RESISTANT PACKAGING FOR BUTTON CELL OR COIN BATTERIES Pub. L. 117–171, § 3, Aug. 16, 2022, 136 Stat. 2096, pro- vided that: ‘‘(a) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Aug. 16, 2022], any button cell or coin battery sold, offered for sale, manu- factured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regula- tion), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regula- tion), or another test method for button cell or coin battery packaging specified, by rule, by the Commis- sion. ‘‘(b) APPLICABILITY.—The requirement of subsection (a) shall be treated as a standard for the special pack- aging of a household substance established under sec- tion 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).’’ EXEMPTION FOR COMPLIANCE WITH EXISTING STANDARD Pub. L. 117–171, § 4, Aug. 16, 2022, 136 Stat. 2096, pro- vided that: ‘‘The standards promulgated under this Act [see Short Title of 2022 Amendment note set out under section 2051 of this title] shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a) [set out in a note above], shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Pri- mary Cells and Batteries (ANSI C18.3M).’’ APPLICABILITY DATE OF STANDARD AND REQUIREMENTS Pub. L. 117–171, § 6, Aug. 16, 2022, 136 Stat. 2097, pro- vided that: ‘‘The standard promulgated under section 2(a) [15 U.S.C. 2056e(a)] and the requirements of section 3(a) [set out in a note above] shall only apply to a prod- uct that is manufactured or imported after the effec- tive date of such standard or requirement.’’ DEFINITIONS Pub. L. 117–171, § 5, Aug. 16, 2022, 136 Stat. 2096, pro- vided that: ‘‘In this Act [see Short Title of 2022 Amend- ment note set out under section 2051 of this title]: ‘‘(1) BUTTON CELL OR COIN BATTERY.—The term ‘but- ton cell or coin battery’ means— ‘‘(A) a single cell battery with a diameter greater than the height of the battery; or Page 1724 TITLE 15—COMMERCE AND TRADE § 2056f ‘‘(B) any other battery, regardless of the tech- nology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. ‘‘(2) COMMISSION.—The term ‘Commission’ means the Consumer Product Safety Commission. ‘‘(3) CONSUMER PRODUCT.—The term ‘consumer prod- uct’ has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). ‘‘(4) CONSUMER PRODUCT CONTAINING BUTTON CELL OR COIN BATTERIES.—The term ‘consumer product con- taining button cell or coin batteries’ means a con- sumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately. ‘‘(5) TOY PRODUCT.—The term ‘toy product’ means any object designed, manufactured, or marketed as a plaything for children under 14 years of age.’’ § 2056f. Consumer product safety standard to protect against tip-over of clothing storage units (a) Clothing storage unit defined In this section, the term ‘‘clothing storage unit’’ means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom fur- niture. (b) CPSC determination of scope The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) as part of a standard promulgated under this section based on tip- over data as reasonably necessary to protect children up to 72 months of age from injury or death. (c) Consumer product safety standard required (1) In general Except as provided in subsection (f)(1), not later than 1 year after December 29, 2022, the Consumer Product Safety Commission shall— (A) in consultation with representatives of consumer groups, clothing storage unit man- ufacturers, craft or handmade furniture manufacturers, and independent child prod- uct engineers and experts, examine and as- sess the effectiveness of any voluntary con- sumer product safety standards for clothing storage units; and (B) in accordance with section 553 of title 5 and paragraph (2), promulgate a final con- sumer product safety standard for clothing storage units to protect children from tip- over-related death or injury, that shall take effect 180 days after the date of promulga- tion or such a later date as the Commission determines appropriate. (2) Requirements The standard promulgated under paragraph (1) shall protect children from tip-over-related death or injury with— (A) tests that simulate the weight of chil- dren up to 60 pounds; (B) objective, repeatable, reproducible, and measurable tests or series of tests that simu- late real-world use and account for impacts on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, and dynamic force; (C) testing of all clothing storage units, in- cluding those 27 inches and above in height; and (D) warning requirements based on ASTM F2057–19, or its successor at the time of en- actment, provided that the Consumer Prod- uct Safety Commission may strengthen the warning requirements of ASTM F2057–19, or its successor, if reasonably necessary to pro- tect children from tip-over-related death or injury. (3) Testing clarification Tests referred to in paragraph (2)(B) shall allow for the utilization of safety features (ex- cluding tip restraints) to work as intended if the features cannot be overridden by con- sumers in normal use. (4) Treatment of standard A consumer product safety standard promul- gated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 2058 of this title. (d) Adoption of voluntary standard (1) In general If a voluntary standard exists that meets the requirements of paragraph (2), the Commission shall, not later than 90 days after the date on which such determination is made and in ac- cordance with section 553 of title 5, promul- gate a final consumer product safety standard that adopts the applicable performance re- quirements of such voluntary standard related to protecting children from tip-over-related death or injury. A consumer product safety standard promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 2058 of this title. Such standard shall take effect 120 days after the date of the promulgation of the rule, or such a later date as the Commission deter- mines appropriate. Such standard will super- sede any other existing standard for clothing storage units to protect children from tip- over-related death or injury. (2) Requirements The requirements of this paragraph with re- spect to a voluntary standard for clothing storage units are that such standard— (A) protects children up to 72 months of age from tip-over-related death or injury; (B) meets the requirements described in subsection (c)(2); (C) is, or will be, published not later than 60 days after December 29, 2022; and (D) is developed by ASTM International or such other standard development organiza- tion that the Commission determines is in compliance with the intent of this section. (3) Notice required to be published in the Fed- eral Register The Commission shall publish a notice in the Federal Register upon beginning the pro- mulgation of a rule under this subsection.