[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1165 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1165
To protect children and other consumers against hazards associated with
the accidental ingestion of button cell batteries by requiring the
Consumer Product Safety Commission to promulgate consumer product
safety standards to require child-resistant closures on remote controls
and other consumer products that use such batteries, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2011
Mr. Rockefeller (for himself and Mr. Pryor) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To protect children and other consumers against hazards associated with
the accidental ingestion of button cell batteries by requiring the
Consumer Product Safety Commission to promulgate consumer product
safety standards to require child-resistant closures on remote controls
and other consumer products that use such batteries, 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 ``Button Cell Battery Safety Act of
2011''.
SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR BUTTON CELL BATTERY
ACCESS.
(a) Definitions.--In this section:
(1) Battery-operated or assisted consumer product.--The
term ``battery-operated or assisted consumer product'' means a
remote control, clock, musical greeting card, automobile key,
flashlight, novelty, or other consumer product powered in whole
or in part by a button cell battery and that is designed,
manufactured, and sold primarily for use by consumers in or
around their homes or motor vehicles.
(2) Button cell battery.--The term ``button cell battery''
means--
(A) a cell battery that is 32 millimeters or less
in diameter and less than its diameter in length; or
(B) any other battery, regardless of the technology
used to produce an electrical charge, as determined by
the Consumer Product Safety Commission to pose an
ingestion hazard.
(3) Consumer product.--The term ``consumer product'' has
the meaning given the term in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052).
(b) Standards Required.--Not later than 1 year after the date of
the enactment of this Act, the Consumer Product Safety Commission shall
promulgate, as a final consumer product safety standard under section
7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a))--
(1) a standard requiring button cell battery compartments
of battery-operated or assisted consumer products to be
secured, to the greatest extent practicable, in a manner that
reduces access to button cell batteries by children that are 3
years of age or younger; and
(2) standards requiring warning labels--
(A) to be included in any literature that
accompanies a battery-operated or assisted consumer
product, such as a user manual;
(B) to be included on packaging for button cell
batteries sold to consumers; and
(C) to be included, as practicable, directly on a
battery-operated or assisted consumer product in a
manner that is visible to the consumer upon
installation or replacement of the button cell battery.
(c) Warning Labels.--Warning labels required under subsection (b)
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 and to seek
immediate medical attention if a battery is ingested.
(d) Expedited Rulemaking.--
(1) In general.--The standards required by subsection (b)
shall be promulgated in accordance with section 553 of title 5,
United States Code.
(2) Inapplicability of certain promulgation requirements.--
The requirements of subsections (a) through (f) and (g)(1) of
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058)
shall not apply to the promulgation of the standards required
by subsection (b) of this section.
(e) Effective Date.--Each final consumer product safety standard
required by subsection (b) shall apply to battery-operated or assisted
consumer products manufactured on or after the date that is 1 year
after the date on which the Commission promulgates the standard.
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