Infant Crib Safety Act
Legislative Activity
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Read twice and referred to the Committee on Commerce, Science, and Transportation.
January 22, 2004
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Introduced in Senate
January 22, 2004
Sponsor introductory remarks on measure. (CR S186)
January 22, 2004
Read twice and referred to the Committee on Commerce, Science, and Transportation.
January 22, 2004
Floor Debate
5 membersWhat members said about S. 2016 on the floor





Floor Debate
5 membersWhat members said about S. 2016 on the floor
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Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2016
To provide for infant crib safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2004
Mrs. Feinstein (for herself and Mr. Fitzgerald) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
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 makes the following findings:
(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 more than 11,500 children age 2 and under are
injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 26 children age 4 and under die from
injuries sustained in cribs.
(5) The United States 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 one 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 contracting to sell, resell, lease, or
sublease unsafe cribs that are not new, or otherwise placing 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 illegal--
(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. DEFINITIONS.
As used in this Act:
(1) Commercial user.--
(A) In general.--The term ``commercial user'' means
any person--
(i) who manufactures, sells, or contracts
to sell full-size cribs or nonfull-size cribs;
or
(ii) 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) Exception.--The term does not include 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,
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, Code of Federal Regulations (including a portable
crib and a crib-pen described in paragraph (2) of subsection
(b) of that section).
SEC. 4. REQUIREMENTS FOR CRIBS.
(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user--
(1) to manufacture, sell, or contract to sell any full-size
crib or nonfull-size crib that is unsafe for any infant using
it; or
(2) to sell, contract to sell or resell, lease, sublet, or
otherwise place in the stream of commerce any full-size or
nonfull-size crib that is not new and that is unsafe for any
infant using it.
(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 is unsafe for any infant using it.
(c) Adherence to Crib Safety Standards.--A full-size crib, nonfull-
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 such product as follows:
(1) Part 1508 (commencing with section 1508.1) of title 16,
Code of Federal Regulations (requirements for full-size baby
cribs).
(2) Part 1509 (commencing with section 1509.1) of title 16,
Code of Federal Regulations (requirements for nonfull-size baby
cribs).
(3) American Society for Testing Materials F406 Consumer
Safety Specification for Play Yards.
(4) American Society for Testing Materials F1169 Consumer
Safety Specification for Full-Size Cribs.
(5) American Society for Testing Materials F1822 Consumer
Safety Specification for Non-Full-Size Cribs.
(6) American Society for Testing Materials F966 Consumer
Safety Specification for Full-Size and Non-Full-Size Baby Crib
Corner Post Extensions.
(7) Part 1303 (commencing with section 1303.1) of title 16,
Code of Federal Regulations.
(8) Any amendments to the regulations or standards
specified in paragraphs (1) through (7), or any other
regulations or standards that are adopted in order to amend or
supplement the regulations or standards specified in such
paragraphs.
(d) Exception.--This section 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, sublet, 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.
(e) Enforcement.--(1) The Consumer Product Safety Commission shall
have the power to enforce the provisions of this section as if such
provisions were a consumer product safety standard promulgated by the
Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et
seq.).
(2) A violation of this section shall be considered a prohibited
act within the meaning of section 19 of the Consumer Product Safety Act
(15 U.S.C. 2068), and shall be subject to the penalties and remedies
available for prohibited acts under the Consumer Product Safety Act.
SEC. 5. EFFECTIVE DATE.
This Act shall become effective 90 days after the date of the
enactment of this Act.
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