15 U.S.C. § 2057d — Banning of inclined sleepers for infants

Page 1728 TITLE 15—COMMERCE AND TRADE § 2057d Consumer Product Safety Act [15 U.S.C. 2051 et seq.]. Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise affect any State requirement with respect to any phthalate alternative not specifically regulated in a con- sumer product safety standard under the Con- sumer Product Safety Act. (g) Definitions (1) Defined terms As used in this section: (A) The term ‘‘phthalate alternative’’ means any common substitute to a phthal- ate, alternative material to a phthalate, or alternative plasticizer. (B) The term ‘‘children’s toy’’ means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays. (C) The term ‘‘child care article’’ means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething. (D) The term ‘‘consumer product’’ has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)). (2) Determination guidelines (A) Age In determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the fol- lowing factors shall be considered: (i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by chil- dren of the ages specified. (iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified. (iv) The Age Determination guidelines issued by the Commission staff in Sep- tember 2002 and any successor to such guidelines. (B) Toy that can be placed in a child’s mouth For purposes of this section a toy can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth. (Pub. L. 110–314, title I, § 108, Aug. 14, 2008, 122 Stat. 3036; Pub. L. 112–28, § 5(a), Aug. 12, 2011, 125 Stat. 280.) Editorial Notes REFERENCES IN TEXT August 12, 2011, referred to in subsec. (c), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 112–28, which enacted subsec. (c), to reflect the probable intent of Congress. The Consumer Product Safety Act, referred to in sub- sec. (f), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables. CODIFICATION Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Consumer Product Safety Act which comprises this chapter. AMENDMENTS 2011—Subsecs. (c) to (g). Pub. L. 112–28 added subsecs. (c) and (d) and redesignated former subsecs. (c) to (e) as (e) to (g), respectively. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Commission’’ used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title. § 2057d. Banning of inclined sleepers for infants (a) In general Not later than 180 days after May 16, 2022, in- clined sleepers for infants, regardless of the date of manufacture, shall be considered a banned hazardous product under section 2057 of this title. (b) Inclined sleeper for infants defined In this section, the term ‘‘inclined sleeper for infants’’ means a product with an inclined sleep surface greater than ten degrees that is in- tended, marketed, or designed to provide sleep- ing accommodations for an infant up to 1 year old. (Pub. L. 117–126, § 2, May 16, 2022, 136 Stat. 1208.) Editorial Notes CODIFICATION Section was enacted as part of the Safe Sleep for Ba- bies Act of 2021, and not as part of the Consumer Prod- uct Safety Act which comprises this chapter. § 2057e. Banning of crib bumpers (a) In general Not later than 180 days after May 16, 2022, crib bumpers, regardless of the date of manufacture, shall be considered a banned hazardous product under section 2057 of this title. (b) Crib bumper defined In this section, the term ‘‘crib bumper’’— (1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; (2) includes a padded crib bumper, a sup- ported and unsupported vinyl bumper guard, and vertical crib slat covers; and (3) does not include a non-padded mesh crib liner.