Sec. 2. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries
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Not later than 1 year after the date of the enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that includes at least— a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that prevents access to button cell or coin batteries by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and warning label requirements— to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and to be included, as practicable, directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery.
Warning labels required under subsection (a)(2) shall— clearly identify the hazard of ingestion; and instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. A consumer product safety standard promulgated under subsection
(a)shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). Subsection
(a)shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that— there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a); and the voluntary standard described in subparagraph (A)— is in effect at the time of the determination by the Commission; or will be in effect not later than the date that is 180 days after the date of the enactment of this Act. A final consumer product safety standard promulgated under subsection
(a)shall cease to apply on the date described in subsection (e)(2) if the Commission determines that— there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a); and the voluntary standard described in subparagraph (A)— is in effect at the time of the determination by the Commission; or will be in effect not later than the date that is 180 days after the date of the determination by the Commission. Any determination made by the Commission under this subsection shall be published in the Federal Register. If the Commission makes a determination under subsection
(d)with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ) beginning on the date described in paragraph (2). The date described in this paragraph is the later of— the date of the determination of the Commission under subsection
(d)with respect to the voluntary standard described in paragraph (1); or the effective date contained in the voluntary standard described in paragraph (1). If a voluntary standard with respect to which the Commission has made a determination under subsection
(d)is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Beginning on the date that is 180 days after the Commission is notified of a revised voluntary standard described in paragraph
(1)(or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ), in place of the prior version, unless, within 90 days after receiving the notice, the Commission determines that the revised voluntary standard does not meet the requirements for a standard promulgated under subsection (a). At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard or to include in the standard or revised standard any additional provision that the Commission determines is necessary to protect children from ingesting button cell or coin batteries or that would lessen the severity of injury or risk of death in the event of ingestion. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ).
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Sec. 2
Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries
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