Home > 106th Congressional Bills > S. 2804 (es) To designate the facility of the United States Postal Service located at 424 South Michigan Street in South Bend, Indiana, as the ``John Brademas Post Office''. [Engrossed in Senate] ...S. 2804 (es) To designate the facility of the United States Postal Service located at 424 South Michigan Street in South Bend, Indiana, as the ``John Brademas Post Office''. [Engrossed in Senate] ...
106th CONGRESS
2d Session
S. 2803
To provide for infant crib safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2000
Mrs. Feinstein 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; 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 9,000 children ages 4 and under are
injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 45 children ages 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 225 million dollars 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 million new cribs sold. As
many as 2 out of 4 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 the contracting to sell, resell, lease,
sublease of unsafe cribs which are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purposes.--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
which is unsafe for any infant using the crib; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
crib which is not new and which is unsafe for any infant using
the crib.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commercial user.--The term ``commercial user'' means
any person--
(A) who manufactures, sells, or contracts to sell
full-size or non full-size cribs; or
(B) who--
(i) deals in full-size or non full-size
cribs which are not new or who otherwise by
one's occupation holds oneself out as having
knowledge or skill peculiar to the full-size 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 or
non full-size cribs which are not new.
(2) Crib.--The term ``crib'' means a bed designed to
provide a sleeping accommodation for an infant.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size crib as defined in section 1508.1 of title 16 of the
Code of Federal Regulations and regarding the requirements for
full-size cribs.
(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 crib as defined in section 1509.2(b) of
title 16 of the Code of Federal Regulations and American
Society for Testing Materials Voluntary Standards F. 1822
regarding the requirements for non full-size cribs.
SEC. 4. PROHIBITIONS.
(a) In General.--Except as provided in section 6, it shall be
unlawful for any commercial user--
(1) to manufacture, sell, or contract to sell, on or after
the effective date of this Act, any full-size or non full-size
crib which is unsafe for any infant using the crib; or
(2) to sell, contract to sell or resell, lease, sublet, or
otherwise place in the stream of commerce, on or after the
effective date of this Act, any full-size or non full-size crib
which is not new and which is unsafe for any infant using the
crib.
(b) Lodgings.--Except as provided in section 6, 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 or non full-
size crib which is unsafe for any infant using the crib.
SEC. 5. CRIB STANDARDS.
Except as provided in section 6, a crib shall be presumed to be
unsafe under this Act if it does not conform to all of the following:
(1) Part 1508 (commencing with section 1508.1) of title 16
of the Code of Federal Regulations;
(2) Part 1509 (commencing with section 1509.1) of title 16
of the Code of Federal Regulations;
(3) Part 1303 (commencing with section 1303.1) of title 16
of the Code of Federal Regulations;
(4) American Society for Testing Materials Voluntary
Standards F966;
(5) American Society for Testing Materials Voluntary
Standards F1169;
(6) American Society for Testing Materials Voluntary
Standards F1822; and
(7) Any regulations that are adopted in order to amend or
supplement the regulations described in paragraphs (1) through
(6) of this section.
SEC. 6. EXCEPTIONS.
A crib that is not intended for use by an infant, including a toy
or display item, shall be exempt from this Act if the crib is
accompanied at the time of manufacturing, contract to sell or resell,
leasing, subletting, or otherwise placed in the stream of commerce by a
notice to be furnished by the commercial user declaring that the crib
is not intended to be used for an infant and is dangerous to use for an
infant.
SEC. 7. ENFORCEMENT.
(a) Fine.--Any commercial user, hotel, motel, or similar transient
lodging facility who knowingly violates section 4 is punishable by a
fine not exceeding $1,000.
(b) Injunction.--Any person may maintain an action in a district
court of the United States against any commercial user, hotel, motel,
or similar transient lodging facility who violates section 4 to enjoin
the manufacture, sale, contract to sell, contract to resell, lease,
subletting, or otherwise place in the stream of commerce any full-size
or non full-size crib which is unsafe for any infant using the crib,
and for reasonable attorneys fees and costs.
SEC. 8. REMEDIES.
Fines or other remedies available under this Act are in addition to
any other fines, penalties, remedies, or procedures under any other
provision of law.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective 90 days from the date of its
enactment.
<all>
Pages: 1 Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |