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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.
                                 <all>

Pages: 1

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