| Home > 106th Congressional Bills > S. 2017 (is) To amend the Internal Revenue Code of 1986 to exclude from gross income payments made to tobacco quota and allotment holders and tobacco growers pursuant to Phase I or II of the Master Settlement Agreement between a State and tobacco product...
S. 2017 (is) To amend the Internal Revenue Code of 1986 to exclude from gross income payments made to tobacco quota and allotment holders and tobacco growers pursuant to Phase I or II of the Master Settlement Agreement between a State and tobacco product...
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>
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