S.Amdt. 4106
What it does: Adds SEC. 40. INFANT CRIB SAFETY on page 103, line 12
Sen. Dianne Feinstein (D-CA)What it changes
1 change to S. 2663
Adds SEC. 40. INFANT CRIB SAFETY on page 103, line 12
Adds a sectionPrinted pageInserted: SEC. 40. INFANT CRIB SAFETY.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Commercial user.--
Inserted: (A) The term "commercial user" means--
Inserted: (i) any person that manufactures, sells, or contracts to sell full-size cribs or non-full-size cribs; or
Inserted: (ii) any person that--
Inserted: (I) deals in full-size or non-full-size cribs that are not new or that otherwise, based on the person's occupation, holds oneself out as having knowledge or skill peculiar to full-size cribs or non-full-size cribs, including child care facilities and family child care homes; or
Inserted: (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 non-full-size cribs that are not new.
Inserted: (B) The term "commercial user" does not mean an individual who sells a used crib in a one-time private sale.
Inserted: (2) Crib.--The term "crib" means a full-size crib or non-full-size crib.
Inserted: (3) Full-size crib.--The term "full-size crib" means a full-size baby crib as defined in section 1508.1 of title 16, Code of Federal Regulations.
Inserted: (4) Infant.--The term "infant" means any person less than 35 inches tall or less than 2 years of age.
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Inserted: (5) Non-full-size crib.--The term "non-full-size crib" means a non-full-size baby crib as defined in section 1509.2(b) of title 16, Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section).
Inserted: (b) Requirements for Cribs.--
Inserted: (1) Manufacture and sale of cribs.--It shall be unlawful for any commercial user--
Inserted: (A) to manufacture, sell, or contract to sell, any full-size crib or non-full-size crib that is unsafe for any infant using it; or
Inserted: (B) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, any full-size or non-full-size crib that is not new and that is unsafe for any infant using the crib.
Inserted: (2) 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 section, any full-size crib or non-full-size crib that is unsafe for any infant using it.
Inserted: (3) Adherence to crib safety standards.--A full-size crib, non-full-size crib, portable crib, playpen, or play yard, shall be presumed to be unsafe under this section if it does not conform to the standards applicable to the product as listed below:
Inserted: (A) Part 1508 of title 16, Code of Federal Regulations (relating to requirements for full-size baby cribs).
Inserted: (B) Part 1509 of title 16, Code of Federal Regulations (relating to requirements for non-full-size baby cribs).
Inserted: (C) American Society for Testing Materials F406-07 Standard Consumer Safety Specification for Non-Full Size Baby Cribs/ Play Yards.
Inserted: (D) American Society for Testing Materials F1169 Standard Specification for Full-Size Baby Crib.
Inserted: (E) American Society for Testing and Materials F966-00 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions.
Inserted: (F) Part 1303 of title 16, Code of Federal Regulations (relating to banning lead-containing paint).
Inserted: (G) Any amendments to the regulations or standards described in subparagraphs (A) through (F) or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in such subparagraphs.
Inserted: (4) Designation as hazardous product.--A full-size or non-full-size crib that is not in compliance with the requirements of this section shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057). 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.
Inserted: (5) Exception.--The requirements of this section shall not apply to a full-size crib or non-full-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, sublet, or otherwise placed in the stream of commerce, 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.
Inserted: (c) Effective Date.--This section shall take effect on the day that is 90 days after the date of the enactment of this Act.
Original wording
On page 103, after line 12, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4106. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 2663, to reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 103, after line 12, insert the following:
SEC. 40. INFANT CRIB SAFETY.
(a) Definitions.--In this section:
(1) Commercial user.--
(A) The term “commercial user” means--
(i) any person that manufactures, sells, or contracts to sell full-size cribs or non-full-size cribs; or
(ii) any person that--
(I) deals in full-size or non-full-size cribs that are not new or that otherwise, based on the person's occupation, holds oneself out as having knowledge or skill peculiar to full-size cribs or non-full-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 non-full-size cribs that are not new.
(B) The term “commercial user” does not mean an individual who sells a used crib in a one-time private sale.
(2) Crib.--The term “crib” means a full-size crib or non-full-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, 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) Non-full-size crib.--The term “non-full-size crib” means a non-full-size baby crib as defined in section 1509.2(b) of title 16, Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section).
(b) Requirements for Cribs.--
(1) Manufacture and sale of cribs.--It shall be unlawful for any commercial user--
(A) to manufacture, sell, or contract to sell, any full-size crib or non-full-size crib that is unsafe for any infant using it; or
(B) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, any full-size or non-full-size crib that is not new and that is unsafe for any infant using the crib.
(2) 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 section, any full-size crib or non-full-size crib that is unsafe for any infant using it.
(3) Adherence to crib safety standards.--A full-size crib, non-full-size crib, portable crib, playpen, or play yard, shall be presumed to be unsafe under this section if it does not conform to the standards applicable to the product as listed below:
(A) Part 1508 of title 16, Code of Federal Regulations (relating to requirements for full-size baby cribs).
(B) Part 1509 of title 16, Code of Federal Regulations (relating to requirements for non-full-size baby cribs).
(C) American Society for Testing Materials F406-07 Standard Consumer Safety Specification for Non-Full Size Baby Cribs/ Play Yards.
(D) American Society for Testing Materials F1169 Standard Specification for Full-Size Baby Crib.
(E) American Society for Testing and Materials F966-00 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions.
(F) Part 1303 of title 16, Code of Federal Regulations (relating to banning lead-containing paint).
(G) Any amendments to the regulations or standards described in subparagraphs (A) through (F) or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in such subparagraphs.
(4) Designation as hazardous product.--A full-size or non-full-size crib that is not in compliance with the requirements of this section shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057). 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.
(5) Exception.--The requirements of this section shall not apply to a full-size crib or non-full-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, sublet, or otherwise placed in the stream of commerce, 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.
(c) Effective Date.--This section shall take effect on the day that is 90 days after the date of the enactment of this Act.
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Senate amendment submitted
March 4, 2008